Intellectual property: exhaustion of trade mark rights
2000/2187(COS)
The committee adopted the report by Hans-Peter MAYER (EPP-ED, D) on the Commission's working paper on the controversial issue of exhaustion of trademark rights. The committee called on the Commission to:
- produce a detailed study of the implications of a possible transition to the principle of international exhaustion for European manufacturers and consumers as well as for jobs;
- produce a report on cases of abuse of trademark rights notified to the Commission;
- examine the legal situation with regard to the exhaustion of trade mark rights in the most important trading nations;
- ascertain the prospects for the conclusion of an international agreement on harmonized rules on exhaustion of trade mark rights under the WTO or WIPO;
- in the light of the most recent rulings by the Court of Justice, examine the need for clarification of the 1988 trademark directive, and in particular Article 7 thereof;
- examine whether clarification of trade mark law in respect of non-commercial imports of goods purchased by consumers via the Internet was needed;
- submit to Parliament, by 31 December 2002, a report on these points, containing detailed proposals.�