Treaty of Rome (Hansard, 28 November 1961)

§ 25. Sir D. Walker-Smith
asked the President of the Board of Trade what changes would be necessary following adherence to the Treaty of Rome in the Restrictive Trade Practices Act, 1956, and the Monopolies and Restrictive Practice Acts, 1948 and 1953.

§ Mr. N. Macpherson
It is too early to say what changes in the Acts in question will be necessary if the United Kingdom accedes to the Treaty of Rome. Much will depend on the nature of the implementing regulations, which are still to be agreed, and on their practical application.

§ Sir D. Walker-Smith
Can my hon. Friend say whether there are any directives or regulations under Article 87 of the Treaty of Rome which would call for any amendments of these Acts and if so, in which direction?

§ Mr. Macpherson
Not to my knowledge. I understand that the regulations are to be considered by the Council of Ministers at the end of this week.

§ Mr. Oram
Is it not the case that there are considerable divisions among the six members of the Common Market and that they failed to agree on regulations under Article 87 after even four drafts had been prepared? In these circumstances, is there not a danger that there will be a weak compromise since they have only another month in which to come to terms? In view of that, is it not likely that there will be a weakening of our anti-monopoly legislation if we are required to conform with their solution?

§ Mr. Macpherson
Not necessarily. Unanimity is required in the Council of Ministers on this matter in the first three years of the Treaty. After that a qualified majority is sufficient to reach a decision.

§ 26. Sir D. Walker-Smith
asked the President of the Board of Trade what changes would be necessary following adherence to the Treaty of Rome in the operative statute law governing trade 229 marks, patents and registered designs and copyright.

§ Mr. N. Macpherson
The Treaty of Rome does not specifically regulate these matters. My right hon. Friend understands that the signatory countries are aiming to institute common patents and common trade marks, granted by supranational bodies; but that these will not supersede the present national patents and trade marks which will continue to be available. Similar arrangements may be contemplated for designs. Participation in such arrangements would require legislation, the details of which cannot now be forecast. My right hon. Friend does not expect any changes in the law of copyright.