WRITTEN QUESTION E-3114/00 by Freddy Blak (PSE) to the Commission. Protection of designs.
Date: 2000-10-04
Institutions: European Parliament, Provisional data
Subjects: Denmark, Italy, approximation of laws, competence of the Member States, designs and models, industrial property, intellectual property

18.4.2001

EN

Official Journal of the European Communities

C 113 E/245

(2001/C 113 E/268)

WRITTEN QUESTION E-3114/00

by Freddy Blak (PSE) to the Commission

(4 October 2000)

Subject: Protection of designs

The considerable differences between the Member States(cid:146) legislation on designs in terms of applications,
design registration authorities, procedures, laws, nationally restricted sole rights, etc. make it very difficult
and costly to protect a product from competitors.

What protection is provided by the EU(cid:146)s rules on the protection of designs for a Dane who had his design
copied 13 years ago by a large Italian firm? Where should he make representations and is it possible for
him where the design of his product is protected in Denmark, to take legal action in the Member State
where the product has been copied?

Answer given by Mr Bolkestein on behalf of the Commission

(7 November 2000)

The Commission is pleased to inform the Honourable Member about the results that have been achieved
with a proposal for a Directive 98/71/EC of the Parliament and of the Council, of 13 October 1998, on
the legal protection of designs (1) and some of the expected result of work with the designs regulation (2) in
relation to his question. The Directive harmonises the essential elements of the Member States(cid:146) substantive
law on industrial designs and it will certainly make it much easier for individual industrial designers to rely
on the protection afforded to them in each Member State, as soon as the legislation is harmonised which,
according to the Directive, should be no later than 28 October 2000. Industrial designs protection is
dependant on the various national systems such as registration, but apart from specific designs protection
each Member State must provide for remedies against copyright infringements and unfair competition. The
Community designs regulation will in contrast provide for an easy, user friendly and affordable system to
obtain designs protection for the whole Community. As to the Honourable Member(cid:146)s specific question
about the problems, it seems a solution cannot be found in Community law as Community legislation does
not apply with retroactive effect. Therefore, the solution depends in principle on the relevant law of the
Member States in which the problem arises.

(1) OJ L 298, 28.10.1998.
(2) COM(2000) 660.

(2001/C 113 E/269)

WRITTEN QUESTION E-3144/00

by Cristiana Muscardini (UEN) to the Commission

(6 October 2000)

Subject: Freedom of movement of European air traffic controllers

With reference to:

(cid:129) point (h) of the Council Resolution of 18 July 1989 (1),

(cid:129) Article 1 of the proposal for a Directive on mutual acceptance of personnel licences for the exercise of
functions in civil aviation (COM(89) 0472 (2) and COM(91) 0222 (3)), which covered the profession of
air traffic controller,

(cid:129) the favourable opinions on this inclusion expressed by the Economic and Social Committee

(14.3.1990 (4)) and the European Parliament (resolution of 12 October 1990 (5)),

(cid:129) Directive 91/670/EEC (6), which removes air traffic controllers from the list of aeronautical professions,