91998E0737

WRITTEN QUESTION P-0737/98 by Werner Langen (PPE) to the Commission (2 March 1998)

Subject: EU trade mark directive

The EU's trade mark directive creates special legal protection for the producers of branded articles, permitting them to keep the prices of their products artificially high. This rule seems very questionable in commercial law, since it places the protection of branded article producers above international conventions and agreements. This restricts the free movement of goods and acts against the interests of the consumer, who must ultimately pay the inflated price. In view of the above:

1. In the Commission's view, what are the consequences for competition and consumer policy of the restriction of free movement of goods as a result of the transposition of the EU trade mark directive in 1995, and how does it justify the de facto dominance of the interests of branded goods producers over those of free world trade and the consumer?

2. What information does the Commission possess about the extent to which the EU trade mark directive prevents the import of branded products at lower prices, and what effects has the directive had since its entry into force on the level of sales prices for branded articles on international markets?

3. What information does the Commission possess about the practical application of the trade mark directive in the Member States of the European Union, and can it confirm that a court in Belgium, for example, has condemned as an abuse of the directive its application for the purpose of preventing parallel imports?

Answer given by Mr Monti on behalf of the Commission (8 April 1998)

The Commission is conducting a detailed investigation of the problem raised by the Honourable Member and will inform him of the outcome as soon as possible.