CELEX: 51979PC0768
Language: en
Date: 1979-12-19
Title: PROPOSAL FOR A COUNCIL DECISION ON THE REVISION OF THE PARIS CONVENTION FOR THE PROTECTION OF INDUSTRIAL PROPERTY (presented by the Commission to the Council)

ARCHIVES HISTORIQUES
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DOCUMENTS "COM"
COM (79) 768
Vol. 1979/0254
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                                COM(79)768 final
                                                Brussels . 19th December 1979
                        PROPOSAL FOR A COUNCIL DECISION
                    ON THE REVISION OF THE PARIS CONVENTION
                   FOR THE PROTECTION OF INDUSTRIAL PROPERTY
                  (presented by the Commission to the Council>        ?
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 COM ( 79 ) 768 final
 ---pagebreak---                                   Proposal for a Council Decision
                              on the Revision, of the Paris Convention
                            for the Protection of Industrial Property
                                .           - ■                                 ;    .          \
 '1 .      In the framework of the World Intellectual Property Organisation ( VJIPO ) .       '
           and of the Paris Union , to which all Member States of the Community , but -
           not the Community as such , belong , governments of countries of the Paris               -
           Union are at present negotiating a Revision of the Paris Convention for the
           Protection of Industrial Pro-perty ." The following matters are of particular
      - importance to the Community :                                                     -
           – the improvement of international protection of geographical indications
              such as appellations of origin ,        .
           – the possibility of granting compulsory exclusive licences . for patents in
              certain cases f                   •   .                     J
           – the assimilation of inventors' certificates of the socialist type with
              patents , and                                    ,        ,
           – the . acceptance of Preferential Treatment without reciprocity for Developing , •
              countries in respect of fees for industrial property and the . term of priority .
; 2.       Each of these matters is of particular interest to the Common . Market
           An effective international protection of appellations of origin and
           indications of source for agricultural and industrial products is of
           particular interest to the Common Market , given the large volume
      -....of trade in the products protected by these designations .
            Exclusive compulsory licenc.es , granted by developing countries, can impair
            the value of patents filed there by firms based in the common market' and lead
            to the reluctance of the.se firms to file new patents in these countries . This
            could be expected to have a discouraging effect on trade between the Community
            and these countries .    An extension 'to all countries of the Paris Union -of the -
           right to grant exclusive compulsory licences could also have - conseruences
           for internal Community trade .         .
           The full .recognition 'of' inventors.' certificates ( Russian or Mexican types ),
           which do not afford to the inventor the full rights to his invention , and
           their assimilation to patents , as. existing in the industrialised countries ,
           would further prejudice the opportunity for firms based in the common market
           to enjoy full .'patent prptec fcion' in the . countries "concerned , which maintain
           inventors' -certificates .
           The special interest of the Common Market in the question of acceptance of             - :
           a preferential treatment for developing countries lies principally in the
           negative consequences which a divergence on the quortion between the Member
           States of -(he Community could have on trade with developing countries .           -
           Different rules in individual Member States c.ould lead to distorsions of
           tra.de .
                                      ■ - " "     '        - - ■            ■ :V-' :
 ---pagebreak--- 3 . The preparation of the Diplomatic Conference , vrhich is to take place in
       Geneva on 4+.h February to 4th March , 1900 , has involved numerous meetings
       of representatives of industrialised countries ( Group B ) includinf-
       representativcs of the Commission ; as- wit PS - ar.y meet inrs of reprpr.ontal. ivpj -
       of Member States and the Commission in Bi-ussels , Geneva ar.l 0-1 her pl~'-'s .
       In fact , the Member States of the Community h^ve taken a common view on all
       important points ; and in general a common view has been shared by the whole ex*
       Group B. The principal point , on which Group B is divided , concerns the scope
       of a possible protection of geographical indications ; but on this point the
       Community is united and carries by far the greater part of Group B with it .
4 . The Commission takes the view that , for the time being , it is out of the question
      for the Community as such to accede to the Paris Union .      It is , however ,
      essential to establish in the course of the Diplomatic Conference an
      effective procedure by which Member States continue to work on the basis
      of common action , bearing in mind especially the fact that further proposals
      or counters-proposals may be expected to be made at the Diplomatic Conference
       itself .
5 . This is precisely the situation provided for in Article 1 1 6 of the Treaty
       establishing the European Communities . The Paris Union for the protection
       of industrial property is an international organisation of an economic
       character , since the reasons for protecting industrial property are themselves
       economic . Thus , in thef case of patent protection , the main economic principle
       is that , since a country 's economic development may largely depend on its
       capacity for technical innovation , it needs to encourage and reward inventors
       adequately, and to protect the products of their intellectual activity .
       Geographical indications , which have a commercial value , are protected
       because they represent an opportjonity to promote trade , and especially
       exports from the Community .        _                                -            ^ .
    1 The proposal of the Commission for common action on the^ basis of __
       Art . 116 does not prejudice the Community 's own competences and their
     . exercise by the Community in future negotiations . This applies especially .
       to. the protection of appellations of. origin and indications of souroe
       in the wine sector , for which the Council in its declaration of
       26th March 1^79 has expressly recognized the necessity of negotiations
       by the Community with third states in accordance with. Article 113 .
 ---pagebreak---  Adoption of a 'common action "by Member States during the Diplomatic
 Conference is influenced by the procedural arrangements of the World
 Intellectual Property Organisation . . There is close co-ordination                     :
 within Group B. Tha common action should therefor© bo baeod on th «
 agreement already reached in Group B. Thin means in particular that
 Member States of the Community are opposed to the inclusion in the
 Paris Convention of provisions governing the granting of exclusive                \
 compulsory licences . On the other hand , Mp'nber Spates would be ready
 to examine whether the opportunity could be extended to developing
 countries to grant Bole licences under proper conditions , such that
 the patentees' rights were not thereby disturbed . In addition the
 Member States oppose in principle the assimilation in the Paris
 Convention of inventors * certificates and patents , unless the principle
 of equal choice is accepted .                                          ~
 To the extent that agreement cannot be reached within Group B , common
 action by Member States should be based on decisions reached in meetings
 already held by representatives of Member States and the Commission . As
 regards geographical indications , Member States intervene on behalf of
 the proposal , which has already been submitted by the Community, on the
 improvement of their protection .
 Where new proposals are made in the course of the Diplomatic Conference ,
 or new situations arise , Member States shall negotiate on the basis of
 decisions to be taken within Group B , provided :
             . that no Member State shall be party to such a decision if in the
                opinion of a Member State or the Commission t it runs counter to the
               law or interests of the Community ; and                  ' »•
               that , if such a decision shall be reached or if Group B fails to reac
               a decision , or rfeach.es a- decision which runs counter to Community law
               or interest common action by Member States shall be based on decision
               to be reached at Cotamunity meetings between representatives of
               Member States and the Commission . In cases , where common action
               cannot be agreed , the points of disagreement shall be reported to .
           . the Committee of Permanent Representatives or , if necessary ,              ^
               the Counoil .                                                     •
                           '  .                                • - -         * '     ' •   • '
The Commission therefore proposes that the Council should adopt the following
proposal for a decision .       .
 ---pagebreak---                                - 4 -
          Proposal for a Council Declaration on common action by
          Member States for negotiation of the Revision of the Paris
          Convention during the Diplomatic Conference in February, 1980
The Council of the European Communities
Having regard to the Treaty establishing the European Economic Community,
particularly Article 116 thereof ,
Having regard to the proposal by the Commission ,
Having regard to the Council Decision of 26th March , 1979 »
Considering that the World Intellectual Property Organisation is preparing
a Diplomatic Conference in February, 1980 , on the Revision of the Paris
Convention for the Protection of Industrial Property,
Considering that the proposals for Revision of the Paris Convention include
matters of particular interest to the common market especially as regards
the effects of the proposals on Community trade with both developing and
industrialised countries ,                               -
Considering that it would have damaging consequences for the common market
and for the Community if Member States adopted different views in the
Diplomatic Conference ,
Considering that it is necessary for Member States to proceed by common
action within the framework of the World Intellectual Property Organisation
and of the Paris Union at the . Diplomatic Conference ,
Considering that common action of Member States does not prejudice the
Community 's own competences and their exercise by the Community in fixture
negotiations ,
Decides :
                             Sole Article
At the Diplomatic Conference for the Revision of the Paris Convention
for the protection of industrial property, Member States shall proceed
by way of common action in respect of all matters which are of special
interest to the common market , according to the directive contained in
the Annex . To this end, representatives of the Member States and of the
Commission shall consult each other at meetings during the Diplomatic
Conference .
 ---pagebreak---                                      page 5
                                    ANNEX *
Member States shall negotiate on the basis of policies which have already
been defined and which result from Community meetings .          They shall
not be party to decisions which , in the opinion of a Member State or of
the Commission , would . run counter to the law or interests of the Community
If such a decision should be reached . Member States shall proceed by
common action on the basis of decisions to be taken in the course of
meetings of representatives of Member states and of the Commission .
In cases , where common action cannot be agreed , the points of disagreement
shall be reported to the Committee of Permanent Representatives or , if     /
necessary , the Council .
Community meetings shall be held during the Diplomatic Conference in
Geneva on the request of a 'Member State or of the Commission .,