Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 92001E0783

**WRITTEN QUESTION P-0783/01 by Brian Crowley (UEN) to the Commission. Moving to international exhaustion for trade marks.** 
  
*Official Journal 235 E , 21/08/2001 P. 0246 - 0247*

  

WRITTEN QUESTION P-0783/01

by Brian Crowley (UEN) to the Commission

(7 March 2001)

Subject: Moving to international exhaustion for trade marks

As the Commission is aware, the European Parliament has expressed its support for continuing work on exhaustion of trade marks. Many Member States have also called on the Commission to carry out further work on this issue in the belief that the existing regime of Community exhaustion allows companies to charge higher prices to Europeans than they do elsewhere. Does the Commission share the view that the introduction of international exhaustion could be to the benefit of the consumer by leading to lower prices, for example, in such key consumer sectors as clothing, footwear and sports goods, that it would be consistent with the increasing globalisation of trade and the growing use of e-commerce and will the Commission therefore reconsider its decision not to make proposals for changing the trade mark regime?

Answer given by Mr Bolkestein on behalf of the Commission

(23 April 2001)

First of all the Commission would like to draw the attention of the Honourable Member to the fact that this issue is currently subject to an exchange of views with the Parliament. The Commission would also like to inform the Honourable Member that the Commission decided on 24 May 2000(1), that it should not, at least for the time being, propose a change in the exhaustion regime. The Commission considered in particular that the current Community exhaustion regime strikes a proper balance between the interests of consumers and trade mark holders. Moreover, it was considered unlikely that prices for consumers would significantly decrease with the introduction of international exhaustion of trade mark rights.

Before reaching this conclusion the Commission commissioned a study of the economic effects of a possible change of exhaustion regime by the National Economic Research Associates (NERA) institute in London. According to this study prices under international exhaustion would probably not be very different from those that currently apply.

The Commission approach was supported by the Economic and Social Committee which, on 24 January 2001, adopted unanimously an opinion in favour of the Commission's decision.

(1) PR BIO/00/110.

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