FFR.14 '89
TE, BRUK, KTB04, PSR, SER.
1
(D
11
The rules governing non-voluntary licences will be important to the effectiveness of the protection to be enjoyed by right holders both within and outside the EEC, and accordingly on this subject, Member
States should proceed by common action, the common position to be
estapilshed in conformity with the principles laid down in the Annex.
8.
Dispute settlement
The question of the possible introduction of a system for resolution
of disputes cannot be related to the exclusive competence of either
the Community or the Member States. In an area of mixed competence
such a procedural rule would affect the Community as well as the
Member States because it would apply to all parties and In respect of
all obligations under the treaty. A single position needs therefore
to be defined and presented on this issue.
Such a
It would seem that, provided a single position can be agreed, it is
not necessary to analyse further the question of competence.
position could be presented in the Conference in the most appropriate
way, either by the Commission alone or together with the Presidency.
9. Conclusion and Recommendations
Consequently the Commission recommends to the Council that it should
decide:
- that the Community should participate with full delegation status
In the Diplomatic Conference to be held under the auspices of WIPO
In May 1989 for the conclusion of a treaty on the protection of
Intellectual property in respect of Integrated circuits;
- that the Commission should conduct these negotiations in accordance
with the guidelines set out in the Annex;
- that in this process, the Commission should act In consultation
with the representatives of the Member States.
in addition, for questions not falling within the scope of Community
competence, the Commission proposes that a common position should be established in accordance with the principles laid down in the Annex.
No comments yet.
Private notes are available after approval.