WRITTEN QUESTION P-3012/00 by Ursula Stenzel (PPE-DE) to the Commission. Polish Industrial Property Act.
Date: 2000-09-19
Institutions: European Parliament, Provisional data
Subjects: EU law, Poland, accession to the European Union, brand name, industrial property, national law

C 163 E/26

Official Journal of the European Communities

EN

6.6.2001

In determining the means to be deployed, the Union will ensure that its aid contributes to respect for and
promotion of human rights, which are a vital component of its cooperation with third countries.

(2001/C 163 E/025)

WRITTEN QUESTION P-3012/00

by Ursula Stenzel (PPE-DE) to the Commission

(19 September 2000)

Subject: Polish Industrial Property Act

Commissioner Verheugen, acting on behalf of the Commission, has replied to my Written Question
P-2326/00 (1) with a suggestion that the problems caused by Article 322 of the Polish Industrial Property
Act fall outside the scope of both EC law and the European Agreement with Poland.

Commissioner Verheugen has invoked Article 295 of the EC Treaty, which lays down that Member States
are free to decide on their respective systems of property ownership, to support his opinion.

Does the Commission believe that Article 295 of the EC Treaty allows Member States to acquire

1.
property (e.g. a trade mark) located in foreign countries and therefore subject to foreign jurisdiction?

Does it believe that Article 295 of the EC Treaty covers the situation where a state obliges a private
2.
individual to transfer his property (e.g. a trade mark) to another person, who may be either a public or
a private entity?

Can it confirm that, according to EC law (which Poland must incorporate into its domestic legal

3.
system, the registration of a trade mark is the basic source of rights over that trade mark?

4.
In the light of the wording of Article 322 of the new Polish Industrial Property Act, which lays down
that [t]rade marks registered in Poland or abroad in the name of [the current owners] shall be transferred,
in Poland or abroad, to the manufacturer [(cid:133)], does the Commission believe that the application by
analogy of Article 295 of the Treaty to this legal provision is appropriate?

(1) OJ C 89 E, 20.3.2001, p. 183.

Answer given by Mr Verheugen on behalf of the Commission

(15 November 2000)

The Commission would refer the Honourable Member to its answer to her Written Question P-2326/00 (1).

Poland is currently not a member of the Union. If the EC Treaty in its Article 295 (ex-article 222)
explicitly states that (cid:145)This treaty shall in no way prejudice the rules in Member States governing the system
of property ownership(cid:146), then, a fortiori, the Community has no competence to intervene in property issues
in countries that apply for membership. Therefore, the issue is, and would be even if Poland were already
member of the Union, one for national law rather than Community law.

In this framework the questions posed by the Honourable Member relating to the interpretation of Article
295 are not relevant to the case in question as Poland is not a Member State. The Commission reiterates
in falling outside the scope of the Europe agreement, the question is one for Poland(cid:146)s
its view that,
domestic law and its international obligations, as the European Union(cid:146)s common position for the
Association Council also underlines. The Commission further notes in this context that the issue of the
amendment in question has been sent to the Polish constitutional court for a ruling on its legality. If the
legislation is not amended it will be for any company concerned to pursue directly through the
appropriate legal channels.

6.6.2001

EN

Official Journal of the European Communities

C 163 E/27

With regard to the issue of respect of the acquis in the field of trademarks the Commission has made
Poland fully aware of the obligations arising out of the acquis and that Poland must be in a position to
meet these requirements upon accession.

(1) OJ C 89 E, 20.3.2001, p. 183.

(2001/C 163 E/026)

WRITTEN QUESTION E-3016/00

by Elizabeth Lynne (ELDR) to the Council

(25 September 2000)

Subject: Bonded labour

Does the Council have any information regarding when the Government of Nepal intends to introduce
national legislation to give effect to its declaration of 17 July 2000 which outlawed bonded labour?

Does the Council have any information about whether the legislation will include a clear definition of
bonded labour that includes both the Haliya and Kamaiya peoples, an enforcement strategy to ensure that
those found to be exploiting bonded labourers are prosecuted and a rehabilitation programme which
provides former bonded labourers with viable alternatives for a sustainable income?

Reply

(12 February 2001)

The Council(cid:146)s subordinate bodies have not discussed the situation in Nepal recently, notably as regards the
Nepalese Government(cid:146)s intentions to introduce legislation to give effect to its declaration of 17 July 2000
which outlawed bonded labour.

The Council is therefore unable to give any assurances at this stage that the legislation concerned will
include a clear definition of bonded labour, with explicit reference to the Haliya and Kamaiya peoples, and
the other very specific points mentioned in the Honourable Member(cid:146)s question.

(2001/C 163 E/027)

WRITTEN QUESTION E-3018/00

by Glyn Ford (PSE) to the Commission

(26 September 2000)

Subject: VAT reduction on energy saving measures

Under new legislation, VAT on energy saving measures (including the use of renewables) has been reduced
from 17,5 % to 5 %. However, this only applies to systems installed by a professional and not by DIY (do it
yourself).

Within my South west of England constituency, the Stroud Solar Club is an independent organisation that
promotes the DIY (do it yourself) installation of solar hot weather systems. Individuals from the Solar Club
are backed up by skilled trainers and given training in theory and practical skills. Given this fact, would the
Commission not agree that it makes sense to encourage well-informed DIY enthusiasts by reducing VAT
on energy saving measures for systems they install?

What plans does the Commission have to reduce VAT from 17,5 % to 5 % for DIY- installed systems, as
well as (cid:145)professionally(cid:146) installed systems?