P9_TA(2024)0165 – Industrial property: legal protection of designs (recast) – European Parliament legislative resolution of 14 March 2024 on the proposal for a directive of the European Parliament and of the Council on the legal protection of designs (recast) (COM(2022)0667 – C9-0395/2022 – 2022/0392(COD)) (Ordinary legislative procedure – recast)
Date: 2024-03-14
Institutions: Committee on Economic and Monetary Affairs, Committee on Legal Affairs, Committee on the Internal Market and Consumer Protection, European Parliament
Subjects: European Union Intellectual Property Office, codification of EU law, designs and models, single market, spare part, trade-mark law




C_202501039EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/1039


27.2.2025






P9_TA(2024)0165

Industrial property: legal protection of designs (recast)


European Parliament legislative resolution of 14 March 2024 on the proposal for a directive of the European Parliament and of the Council on the legal protection of designs (recast) (COM(2022)0667 – C9-0395/2022 – 2022/0392(COD))


(Ordinary legislative procedure – recast)

(C/2025/1039)



The European Parliament,







—


having regard to the Commission proposal to Parliament and the Council (COM(2022)0667),










—


having regard to Article 294(2) and Article 114(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0395/2022),










—


having regard to Article 294(3) of the Treaty on the Functioning of the European Union,










—


having regard to the opinion of the European Economic and Social Committee of 22 March 2023
                   (1),










—


having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts (2),










—


having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 20 December 2023 to approve Parliament’s position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,










—


having regard to Rules 110 and 59 of its Rules of Procedure,










—


having regard to the report of the Committee on Legal Affairs (A9-0317/2023),










A.


whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;










1.


Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;










2.


Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;










3.


Instructs its President to forward its position to the Council, the Commission and the national parliaments.







(1)  
            OJ C 184, 25.5.2023, p. 39.

(2)  
            OJ C 77, 28.3.2002, p. 1.






P9_TC1-COD(2022)0392


Position of the European Parliament adopted at first reading on 14 March 2024 with a view to the adoption of Directive (EU) 2024/… of the European Parliament and of the Council on the legal protection of designs (recast)



(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Directive (EU) 2024/2823.)




ELI: http://data.europa.eu/eli/C/2025/1039/oj
ISSN 1977-091X (electronic edition)