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Opinion of the Commission pursuant to Article 189 b(2)(d) of the EC Treaty, on the European Parliament’s amendments to the Council’s common position regarding the proposal for a European Parliament and Council Directive on the legal protection of designs. Amending the proposal of the Commission. COM (97) 622 final, 21 November 1997

Publication Date
  • Communication
  • Design
  • Law


untitled COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 21.11. 1997 COM(97) 622 final - COD 464 OPINION OF THE COMMISSION pursuant to Article 189 b (2) (d) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE on the legal protection of designs AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 189 a (2) of the EC Treaty Barbara Rectangle Barbara Sticky Note Completed set by Barbara 2 1. Historical background • On 3 December 1993, the Commission submitted proposals for a Regulation on the Community design1 and for a Directive on the legal protection of designs2 ("the Directive"). • Parliament decided to discuss the proposal for the Directive first and to adopt a position on the proposal for a Regulation when it conducts the second reading of the proposal for the Directive. Following this decision, Parliament adopted its opinion on the Directive on 12 October 19953• • The Economic and Social Committee adopted a first opinion on 6 July 19944 and an additional opinion on 22 February 19955• • In response to Parliament's opinion the Commission presented an amended proposal for a Directive on 14 March 19966• • The Council adopted its common position on 17 June 19977• • The Commission adopted its position on the Council's common position on 19 June 1997 and communicated it to the European Parliament8• • On 22 October 1997, the European Parliament voted in favor of 12.amendments to the common position in second reading. 2. Objective of the Commission proposal The proposal for a Directive aims to ensure an effective legal protection for designs within the Member States of the Community. It seeks to reduce the legal obstacles to freedom of movement for design goods and to the establishment of a system of undistorted competition in the internal market. To this end, it contains a series of definitions and rules pertai

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