Local view for "http://purl.org/linkedpolitics/eu/plenary/2010-09-21-Speech-2-764"
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"en.20100921.25.2-764"2
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"Madam President, as Mrs Wikström said, it is quite late to be discussing this topic, but I nevertheless believe it to be an important topic, in common with everyone else who has spoken.
Finally, Mrs Handzlik asked me an important question: what would happen if the national courts upheld the position taken by their national trademark offices? At the time of speaking, we are not there yet. We must first of all wait, and not prejudge the outcome of the cases before the national courts. What is more, as I told you, I am confident that these courts will themselves rectify the situation. The possibility of infringement proceedings, which was just mentioned, will be borne in mind, but only in the light of the outcome of the appeals that have been entered.
These are the answers, Madam President, to this important problem, which is one of the key constituents of the internal market, and I should like to say so at this point when, together with you and the Council, we are preparing to give a boost to the internal market, to reinforce it, to give it a more specific approach for the benefit of small and medium-sized enterprises and of our citizens.
It is certainly not at this point that we shall accept this unravelling based on the Community trademark issue.
The Chair, Mr Harbour, reminded us to what extent the European trademark has been a proof of identity and a source of protection for businesses. It has also protected innovation.
I therefore believe, as Mr Kelly has just said, that we must go yet further, towards other forms of protection, and that is why, Mr Kelly, we and the Belgian Presidency shall act with determination to finally complete the project of the European patent.
Therefore, I say to Mr Harbour that, for all the reasons he and others have pointed out, the Commission will not allow one of the key elements of the internal market to be unravelled. Furthermore, as you also said, Mr Harbour, if we were to allow this unravelling, based on these quasi-protectionist temptations in one country or another, to happen, it would be small and medium-sized enterprises that would be the first victims.
We are therefore determined to say ‘No’ to these temptations, for all the reasons you have mentioned. From that point of view, I should like to thank Mrs Handzlik and her group for having demonstrated vigilance and expressed that vigilance in asking this question.
Mrs Wikström, like Mr Tarabella, reminded us what the Community trademark means for businesses, and of how it is consistent with the single market. I should like to confirm that, as Mr Tarabella wishes, within the framework of this revising objective, we are on course to modernise the current system.
Following the Lego decision, which you referred to, Mr Tarabella, it is clear that the regulation on the Community trademark must be brought up to date. We are on that course with a concern that you yourself expressed to take into account the consequences of modern means of technology and, obviously, of the Internet in this review, this update. It is in this spirit that we shall update and revise this regulation.
I should also like to thank Mrs Roithová for having mentioned competition, as I did myself; competition that would, moreover, be increased if we were again to be heading towards a fragmentation of trademarks. We must show resistance, we must be capable of cracking down on or preventing the entry of products. To this end, the action plan that I shall be presenting in a few weeks’ time against counterfeiting and piracy will include this desire to train personnel from the various Member States at our external borders, and to strengthen the technical means at our disposal to combat counterfeiting and piracy.
I also believe that there must be a bilateral effort, particularly with the countries from which these counterfeit goods come, and the plan of action that I shall propose to you will therefore contain more positive measures for cooperating with certain third countries and helping them to adopt their own trademark policies and policies for combating counterfeiting."@en1
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