Mr. RobertsonTo ask the Secretary of State for Trade and Industry what representations he has made to the EU regarding changes to the EU Trademark Directive, with respect to allowing branded goods from outside the EU to be imported; and if he will make a statement. [95710]
§ Dr. HowellsSince the European Court of Justice, in its judgment in the Silhouette case last year, determined that European trade mark law allows trade mark owners to prevent the import of their goods into the EU, we have made it clear to our European partners and to the Commission that full discussion, including possible change to European law, must take place. This discussion should be informed by studies into the economic effects of this judgment, in particular on prices, competition and consumers.
The European Commission has responded with a study undertaken by the consulting firm NERA which demonstrated that there would be a beneficial, if small 778W impact on the European economy resulting from change to the law, and that such benefits would be focussed in certain sectors, especially clothing, footwear, perfumes and other luxury goods. Work undertaken by my Department concerning the United Kingdom economy, and by the Swedish government, supports these findings.
We have ensured that trade mark rights and the results of these studies have been discussed at meetings of the Internal Market Council. The Council will consider the issue again at its meeting in November. In the meantime we are encouraging other member States to undertake investigations to ensure that discussion at the Council progresses and is well informed.