Source: EURLEX
Language: en
Format: md

C 87 E/144 Official Journal of the European Communities EN 11.4.2002

**Wednesday 3 October 2001**

29. Considers that the Galileo project should be developed taking into account the need to protect and
safeguard the environment, so as to protect the lives of citizens and natural resources, and ensure early
detection and even prevention of natural or man-made disasters;

30. Instructs its President to forward this resolution to the Council, the Commission, the parliaments of
the Member States and the ESA.

**11. Innovation in a knowledge-driven economy**

**A5-0234/2001**

**European Parliament resolution on the communication from the Commission to the Council and**
**the European Parliament on Innovation in a knowledge-driven economy (COM(2000)567 �**
**C5-0740/2000 �2000/2336(COS))**

_The European Parliament,_

�
having regard to the Commission communication (COM(2000) 567 �C5-0740/2000),

�
having regard to the motion for a resolution by Salvador Garriga Polledo on joint ventures between
the European Union and private enterprise (B5-0024/2001),

�
having regard to its resolution of 6 June 1996 on the Green paper on innovation (COM(1995) 688 �
C4-0609/1995) ( [1] ),

�
having regard to its resolution of 17 September 1997 on the Commission communication on the
‘First Action Plan for Innovation in Europe � Innovation for growth and employment’
(COM(1996) 589 �C4-0624/1996) ( [2] ),

�
having regard to Decision No 182/1999/EC of the European Parliament and of the Council of
22 December 1998 concerning the Fifth Framework Programme of the European Community for
research, technological development and demonstration activities (1998-2002) ( [3] ),

�
having regard to its opinion of 15 December 1998 on the proposal for a Council decision adopting a
specific programme for research, technological development and demonstration on ‘Promotion of
innovation and encouragement of participation of SMEs’ (1998-2002) (COM(1998) 305 �C4-0438/
1998 �1998/0182(CNS))( [4] ),

�
having regard to its resolution of 16 March 2000 on eEurope �An information society for all: a
Commission Initiative for the Special European Council of Lisbon, 23/24 March 2000
(COM(1999) 687 �C5-0063/2000 �2000/2034(COS)) ( [5] ),

�
having regard to the conclusions of the Lisbon European Council meeting of 23/24 March 2000,

�
having regard to the conclusions of the Feira European Council meeting of 19/20 June 2000,

�
having regard to its position of 26 October 2000 on the proposal for a Council decision on a multiannual programme for enterprise and entrepreneurship (2001-2005) (COM(2000) 256 �C5-0274/
2000 �2000/0107(CNS))( [6] ),

( [1] ) OJ C 181, 24.6.1996, p. 35.
( [2] ) OJ C 304, 6.10.1997, p. 80.
( [3] ) OJ L 26, 1.2.1999, p. 1.
( [4] ) OJ C 98, 9.4.1999, p. 105.
( [5] ) OJ C 377, 29.12.2000, p. 380.
( [6] ) OJ C 197, 12.7.2001, p. 413.

11.4.2002 EN Official Journal of the European Communities C 87 E/145

**Wednesday 3 October 2001**

�
having regard to its resolutions of 18 May 2000 on the communication from the Commission to the
Council, the European Parliament, the Economic and Social Committee and the Committee of the
Regions ‘Towards a European Research Area’ (COM(2000) 6 �C5-0115/2000 �2000/2075(COS)) ( [1] ),
and of 15 February 2001 on the Commission communication to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions �Making a reality of
the European Research Area: Guidelines for EU research activities (2002-2006) (COM(2000) 612 �
C5-0738/2000 �2000/2334(COS))( [2] ),

�
having regard to Rule 47(1) of its Rules of Procedure,

�
having regard to the report of the Committee on Industry, External Trade, Research and Energy and
the opinion of the Committee on Culture, Youth, Education, the Media and Sport (A5-0234/2001),

A. whereas innovation is a key field in order to reach the strategic goal defined by the Lisbon Summit to
make Europe ‘the most competitive and dynamic knowledge-based economy in the world’;

B. whereas the European Charter for Small Enterprises adopted at the Feira Summit on 20 June 2000
meets the needs of small businesses particularly in relation to innovation and the knowledge-driven

economy;

C. whereas there is a close link between the promotion of innovation and progress in research;

D. whereas a global innovation policy has to take into account different aspects, such as legislative and
administrative simplification, access to financing, education of students and training of workers, cooperation amongst enterprises and the integration of research into the enterprise structure;

E. whereas differences exist amongst the various Member States and the various regions of the EU in the
field of innovation promotion and results;

F. Whereas the USA and Japan are ahead of the EU in the promotion and development of innovation;

G. Whereas a global approach to innovation has to take into consideration society as a whole, involving
the fields of education, research and enterprise, and has to improve integration amongst these three

areas;

H. whereas all businesses, whatever their size and sector of activity, must be able to join the knowledgedriven society and to access innovation and research;

I. whereas it is necessary to launch a programme to define the guidelines and implement the measures
necessary to promote innovation in Europe;

1. Welcomes the Commission communication on Innovation in a knowledge-driven economy;

2. Supports the Commission initiatives in the field of research linked with the innovation issue, such as
the European Research Area and the proposal for a Sixth Framework programme for Research and Technological Development, and calls on the Commission and the Council to take this resolution into consideration when defining innovation actions to be included within this programme;

3. Stresses that these initiatives represent a very important step toward an ‘innovation offensive’ at the
European level and that they should all aim to eliminate the weakness of EU enterprises in the field of
innovation and to make them more competitive;

( [1] ) OJ C 59, 23.2.2001, p. 250.
( [2] ) ‘Texts Adopted’, Item 12.

C 87 E/146 Official Journal of the European Communities EN 11.4.2002

**Wednesday 3 October 2001**

4. Recalls the need to support the promotion of innovation in Europe, as already recognised by the
Lisbon and Nice Summits, and to achieve a European approach to a knowledge-driven society and economy in order to take up the challenge of future developments of the EU; considers that, despite the
progress achieved, there is still a lack of innovation in Europe at the present time, five years after the
adoption of the Green Paper on innovation;

5. Calls on the Commission to implement the European Charter for Small Enterprises with particular
reference to innovation and access to the knowledge-driven society;

6. Welcomes the Commission’s global approach to innovation policy in Europe, and stresses the need
for financial support, and for modernisation and improvement of structures;

7. Calls for European and national actions to promote the benchmarking of performances and best
practices;

8. Calls for European, national and regional initiatives to eliminate the weakness in the diffusion and
promotion of innovation in Europe in comparison with the USA and Japan;

9. Recalls the importance of an infrastructure, an educational system and training that accommodate
both male and female aptitudes and encourage both sexes to join the research sector with a view to
promoting innovation;

10. Stresses that education and training are significant instruments of research, mainly at the university
level, and that a synergy between businesses and universities should be encouraged so that enterprises can
benefit from research;

11. Calls for both women and men, adults and young people, to be encouraged and enabled to study
with a view ultimately to creating innovation; calls also for greater recognition of work experience in the
educational system, which will mean tailoring educational systems to the aptitudes of the different sexes;

12. Calls for innovation-oriented entrepreneurship to be promoted amongst young people in the educational world and for the creation of stronger involvement of students in the enterprise sector and therefore asks the Member States to create the conditions for their educational systems to introduce ‘junior
enterprises’ of a business undertaking type, to be carried out in schools; considers that the development
of human capital is an important factor in innovation and that the teaching of the sciences can play a
crucial role in this respect both in primary and secondary education, in combination with e-learning;

13. Calls for actions by the Member States and the Commission with a view to promoting the mobility
of teachers, professors and researchers toward the enterprises sector to set up favourable conditions to
discourage a strong migration of researchers to other countries such as the USA;

14. Calls on the Member States and the Commission to support enterprises in promoting continuous
training and to foresee training allowances with this aim;

15. Asks the Commission to encourage access to innovation and research in a knowledge-driven economy for all enterprises, including craft businesses, whatever their size and sector of activity, as highlighted
in its position of 26 October 2000;

16. Asks the Commission to conceive and implement a strategic programme for the European Union in
the field of innovation in the context of the Sixth Framework Programme for Research and Technological
Development;

17. Calls on the Member States and the Commission to take steps to improve the protection of intellectual property, and to make progress in implementing European patent law and laws on trademarks and
utility models;

18. Stresses that this future programme should promote the first phases of innovative enterprises,
encouraging their access to seed capital and to venture capital and promote the development of European
risk capital; considers that specific encouragement measures should be foreseen in favour of young people
who would like to start a business or to take on existing businesses;

11.4.2002 EN Official Journal of the European Communities C 87 E/147

**Wednesday 3 October 2001**

19. Calls for this programme to encourage the mobilisation of private financing devoted to innovation
and research and to promote respect for the independence of the results and of the institution that produces them;

20. Calls for better coordination of national and EU instruments in favour of innovative enterprises and
for the decentralisation of EU support to SMEs in the field of innovation;

21. Stresses the need for administrative simplification to make it easier for SMEs to create innovative
products and adopt innovating production methods;

22. Reiterates the need for global coherent cooperation amongst society, taking into account the need
for training to promote entrepreneurship, the identification of new qualifications and capacities in training
systems, the development of information instruments and services for a better social integration;

23. Calls for a network aiming to integrate the fields of research, technology and innovation;

24. Stresses the importance of innovation for the development of the new economy and the transition
from the knowledge-driven economy to the knowledge-driven society in the context of modernising the
European social and cultural model;

25. Considers that young people in general, whether in or outside the education system, should be not
only the recipients of, but also the vehicles for, innovation; considers that we should therefore provide
them with the necessary tools for developing new and innovative ideas so that they can shape their experience without preconceptions in original and novel ways;

26. Considers that if secondary and higher education are to meet the above needs, it is essential to
modernise schools, universities and vocational training centres, and to link up research institutes, universities and academic libraries via the Internet;

27. Considers that work undertaken in universities in other countries and as a member of research
teams should be recognised as beneficial for the purposes of research work and that research entails a
capacity to innovate; considers therefore that measures should be taken to encourage exchanges of
researchers and scholars who are developing new projects, and the inclusion in research teams of trained
persons of other nationalities;

28. Stresses the need to consolidate the link between the public at large and the use and application of
innovation with a view to finding balanced solutions which are of use to the general public in order to
strengthen economic and democratic stability in European societies; considers that those societies exhibit
pronounced tendencies which are conducive to wide disparities in terms of access to and use of new
technologies and innovations �high rates of technological illiteracy, multiculturalism, rising numbers of
elderly people, deprived social groups; stresses that the goal should be for each and every citizen to be
capable of living and working in the information society, able to use even the most advanced innovations;

29. Considers that the existing problems should be resolved and that the introduction of a Community
patent should be stepped up; stresses, at the same time, the importance of respecting and protecting
intellectual property;

30. Considers that, in assessing curricula vitae and in the criteria for career advancement, account
should be taken of mobility with recognition of the merits of those who have acquired training and
experience abroad, as well as knowledge of languages;

31. Proposes that the Member States’ and the EU’s actions should include measures to encourage innovation at all levels of education;

C 87 E/148 Official Journal of the European Communities EN 11.4.2002

**Wednesday 3 October 2001**

32. Proposes that indicators for e-learning and the relationship between education and innovation
should be added to the list of innovation indicators;

33. Instructs its President to forward this resolution to the Council, the Commission and to the governments and parliaments of the Member States.

**12. Exhaustion of trade mark rights**

**A5-0311/2001**

**European Parliament resolution on the Commission staff working paper on the problem of the**
**exhaustion of trade mark rights (SEC(1999)2033 �C5-0354/2000 �2000/2187(COS))**

_The European Parliament,_

�
having regard to the Commission staff working paper (SEC(1999) 2033 �C5-0354/2000),

�
having regard to Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the
Member States relating to trade marks ( [1] ) and Council Regulation (EC) No 40/94 of 20 December
1993 on the Community trade mark ( [2] ), and in particular Articles 7 and 13 thereof ( [3] ),

�
having regard to the opinion of the Economic and Social Committee of 24 January 2001 on the
‘Exhaustion of registered trademark rights’ ( [4] ),

�
having regard to the Commission’s decision of 24 May 2000 not to submit any proposals to alter the
current system of Community-wide exhaustion,

�
having regard to Rule 47(1) of its Rules of Procedure,

�
having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0311/
2001),

A. whereas the principle of national exhaustion originally applied in several Member States of the European Community,

B. whereas in 1974 the European Court of Justice in respect of these countries extended national exhaustion to Community-wide exhaustion, giving the following reasons: ‘In fact, if a trade mark owner
could prevent the import of protected products marketed by him or with his consent in another
Member State, he would be able to partition off national markets and thereby restrict trade between
Member States, in a situation where no such restriction was necessary to guarantee the essence of the
exclusive right flowing from the trade mark’ ( [5] ),

C. whereas the transition from national to Community-wide exhaustion led to greater competition,

D. whereas in several Member States the principle of international exhaustion applied before Directive
89/104/EEC came into force,

( [1] ) OJ L 40, 11.2.1989, p. 1, last amended by Council Decision 92/10/EEC of 19 December 1991, OJ L 6, 11.1.1992,
p. 35.
( [2] ) OJ L 11, 14.1.1994, p. 1, last amended by Council Regulation (EC) No 3288/94 of 22 December 1994, OJ L 349,
31.12.1994, p. 83.
( [3] ) Exhaustion of the rights conferred by a Community trade mark: 1. A Community trade mark shall not entitle the
proprietor to prohibit its use in relation to goods which have been put on the market in the Community under that
trade mark by the proprietor or with his consent; 2. Paragraph 1 shall not apply where there exist legitimate reasons
for the proprietor to oppose further commercialisation of the goods, especially where the condition of the goods is
changed or impaired after they have been put on the market.
( [4] ) OJ C 123, 25.4.2001, p. 28.
( [5] ) Paragraph 11 of the Judgment of 31 October 1974 in Case 16/74, Centrafarm v. Winthrop [1974] ECR 1183.