Brussels, 15/12/2015 (Agence Europe) - During its plenary session on Tuesday 15 December, the European Parliament adopted at second reading, by an overwhelming majority, the report on the trademark of the European Union, which will help to fight counterfeiting more effectively.
The report, which was presented by Cecilia Wikström (ALDE, Sweden), concerns firstly the directive aiming to harmonise the legislation of the member states on trademarks and, secondly, the regulation on the European trademark (see EUROPE 11028). The stated aims are to make the registration of trademarks both cheaper and more straightforward, to step up the fight against counterfeiting and to overhaul the structure and governance of the Office for Harmonisation in the Internal Market (OHIM), which will see its name changed to the European Union Intellectual Property Office (EUIPO). “The reforms we are about to accept will not revolutionise the European trademark system, but will bring the legislation into line with the time in which we are living”, the MEP said after the adoption.
The new rules also include better protection for rights holders, through a reinforcement of the national and European trademark systems. The freedom of expression, a long-debated subject, particularly in the framework of parodies and satire, has been preserved, the rapporteur was pleased to announce. Lastly, access to generic medicines for the developing countries remains safeguarded, she added.
The issue of generic medicines was raised on many occasions during the debates held on Monday 14 December, which were attended by the Commissioner for Industry, Elzbieta Bienkowska. Max Andersson (Greens/EFA, Sweden), felt that the law applicable to generic medicines was not sufficiently protected and explained that the Greens would not support the report in plenary.
However, wrapping up the discussions, the Commissioner stressed that the compromise had been reached for commercial trademarks, which covers neither patents nor generics. Similarly, the rapporteur stressed that there was no risk regarding the transit of medicines to the developing countries, as this matter falls under the heading of patents. (Original version in French by Pascal Hansens)