WRITTEN QUESTION E-1502/00 by Ilka Schröder (Verts/ALE) to the Commission. World Intellectual Property Organisation (WIPO).
Date: 2000-05-12
Institutions: European Parliament, Provisional data
Subjects: TRIPS, World Intellectual Property Organisation, common commercial policy, competence of the institution, intellectual property

20.2.2001

EN

Official Journal of the European Communities

C 53 E/155

Answer given by Mrs Reding on behalf of the Commission

(12 July 2000)

The newsletter (cid:145)Europe without Frontiers(cid:146) is published in 11 languages, with about 100 000 copies per
issue (variations are due to new names being added to the mailing list) and 9 issues per year.

It costs about € 120 000 a year. The annual cost of the Swedish version (10 300 copies) is about € 11 300.

(2001/C 53 E/199)

WRITTEN QUESTION E-1502/00

by Ilka Schr(cid:246)der (Verts/ALE) to the Commission

Subject: World Intellectual Property Organisation (WIPO)

(12 May 2000)

1.
The concept of (cid:145)author(cid:146) is not defined in the WIPO Treaty. Legal disputes about copyright between
the parties to the Treaty must consequently be expected. How is the Commission responding to this
problem? Will it seek to impose its own definition of copyright on the other parties to the Treaty?

2.
The WIPO approach is based on the concept of individual right. The legal understanding of other
WIPO member states is based partly on collective right. How does the Commission assess that contra-
diction?

The WIPO Treaty overlaps with the TRIPS (trade-related aspects of intellectual property rights)
3.
Convention in the World Trade Organisation (WTO).
In both cases, the issue is the (cid:145)protection of
intellectual property(cid:146). Since most questions relate to the area of trade in intellectual property rights,
WIPO is in part responsible for the same matters as the TRIPS Convention. Does any division of tasks or
responsibilities apply between WIPO and TRIPS? How does the Commission assess the overlapping of
responsibilities between WIPO and TRIPS? Do hierarchies apply between WIPO and TRIPS?

Answer given by Mr Bolkestein on behalf of the Commission

(27 June 2000)

1.
The World Intellectual Property Organisation (WIPO) Copyright Treaty builds upon the existing
protection in the Berne Convention for the protection of literary and artistic works 1886, (Paris Act 1971)
((cid:145)the Berne Convention(cid:146)). The Berne Convention is the principal international agreement in the field of
copyright and itself does not contain a general definition of the term (cid:145)author(cid:146). To date this has not led to
disputes nor is it expected that any such dispute will arise with the WIPO Copyright Treaty.

As yet there is no general harmonisation of the concept of (cid:145)authorship(cid:146) in Community legislation, although
certain aspects of the authorship of cinematographic works, computer programmes and creative databases
have been addressed. For the time being, the Commission does not see a need to harmonise the different
concepts of copyright protection in Member States.

2.
The WIPO Copyright Treaty grants rights to individuals. However, it does not deal with the issue of
management of those rights whether by individuals or on a collective basis. This is left to the discretion of
the contracting parties.

3.
The Berne Convention, the Trade-related intellectual property right (TRIPs) Agreement and, after its
entry into force, the WIPO Copyright Treaty together provide the multilateral framework for protection in
the field of copyright. The TRIPs Agreement forms part of the agreement establishing the World Trade
Organisation (WTO) and most WTO members are also parties to the Berne Convention and have signed
up to the WIPO Copyright Treaty.

Article 1(1) and (2) of the WIPO Copyright Treaty expressly provide that the WIPO Copyright Treaty shall
not have any connection with treaties other than the Berne Convention, nor shall it prejudice any rights
and obligations under any other treaties. For the purposes of the WIPO Copyright Treaty, the international
bureau of WIPO performs certain administrative tasks only.

C 53 E/156

Official Journal of the European Communities

EN

20.2.2001

The TRIPs Agreement contains certain minimum standards for the protection not only of copyright but all
categories of intellectual property. In the particular case of copyright, it requires WTO members to comply
with the major provisions of the Berne Convention. It also provides for the establishment of the TRIPs
Council to monitor the operation of the TRIPs agreement and WTO members(cid:146) compliance with it. In
carrying out its functions, the TRIPs Council may consult with and seek information from any source
including WIPO. The aim is to establish a mutually supportive relationship between WIPO and the WTO.
Moreover, on the basis of Article 68 of the TRIPs Agreement, both organisations have concluded co-
operation agreements. Accordingly, the mere fact that in relation to copyright, both treaties overlap to a
certain extent does not give rise to concern as regards question of competence and responsibility, as there
is no hierarchy between the Berne Convention, the WIPO Copyright Treaty and the TRIPs Agreement.

(2001/C 53 E/200)

WRITTEN QUESTION E-1505/00

by Helena Torres Marques (PSE) to the Commission

(12 May 2000)

Subject: Interoperability of the trans-European high-speed rail system

Council Directive 96/48/EC (1) of 23 July 1996 on interoperability of the trans-European high-speed rail
system established that the deadline for transposition would be 8 April 1999.

Would the Commission please indicated the countries which have not yet incorporated it in their
legislation?

(1) OJ L 235, 17.9.1996, p. 6.

Answer given by Ms de Palacio on behalf of the Commission

(14 June 2000)

Council Directive 96/48/EC of 23 July 1996 on the interoperability of the trans-European high-speed rail
system provides that (cid:145)Member States shall amend and adopt their laws, regulations and administrative
provisions so as to authorise the use of interoperability constituents and the putting into service and
operation of subsystems which comply with this Directive no later than 30 months after entry into force
of this Directive(cid:146).

The Directive should therefore have been transposed by 8 April 1999.

To date, four Member States (Denmark, Germany, Italy and the Netherlands) have notified measures
incorporating the Directive into national law. Infringement proceedings have been brought against the
Member States which have not transposed the Directive, as provided for in Article 226 (ex Article 169) of
the EC Treaty.

(2001/C 53 E/201)

WRITTEN QUESTION E-1506/00

by Glyn Ford (PSE) to the Commission

(12 May 2000)

Subject: Cost of transferring amounts reimbursed

I recently received via Western Union/GWK a payment of BEF 5 000 as reimbursement for the costs I
incurred in attending a European Commission Conference in Amsterdam. This payment was made from
rue Montoyer to rue Wiertz and cost BEF 630.

Does the Commission have any similar programmes for providing financial assistance to Belgian banks?
Has it considered delivering such sums by taxi, as it would be cheaper?