My intention is to harness the momentum in the search for a workable compromise. The Community Patent and the EPLA are not mutually exclusive initiatives, indeed our aim should be to ensure that they eventually converge with the Community patent as the ultimate objective.
In both cases our goal is the same: a better, cheaper, more reliable patent system. And we need to deliver now in order to catch up with Europe's main competitors in terms of promotion of innovation and competitiveness. That is what industry expects from us.
But intellectual property is not just patents alone. Copyright is economically just as important.
As you may be aware, the Commission will shortly bring forward an initiative on copyright levies. There has been a great deal of discussion about this measure – not all of it has been well-informed – so I am very pleased to have this opportunity to explain my thinking to the Committee.
We have monitored the application of the Copyright Directive carefully since its adoption in 2001. We have had several consultation exercises, including on the specific question of fair compensation and copyright levies - I was pleased to send the most recent questionnaire to the Committee before the summer. As a result of this work, we have identified a number of problems.
Our point of departure is very clear. We are not in any way challenging the fair compensation provisions of the Directive. Where a rights holder suffers harm as a result of the private copy exception, they should be remunerated.
The Commission has made clear its strong commitment to creativity and innovation, and has stressed the need to have systems in place to ensure that it is properly rewarded. This applies every bit as much in the copyright industries as in any other sector.
However, we are concerned that the operation of some fair compensation schemes may be disrupting trade in the internal market. We also wonder whether consumers are getting as fair a deal as they should, and whether full account is being taken of the increased use of technological means to protect copyright protected works. We also feel that greater clarity and accountability in how schemes operate is in the best interests of all stakeholders.
We are looking for a balanced way forward that protects the interests of all concerned – rights holders, industry, consumers. We want a system of compensation that is predictable, fair and sustainable into the future.
My final remarks are on spare parts and the Commission's proposal on a designs directive. You will agree that it is not sufficient just to talk about creating opportunities for small and medium-sized firms. Here is an opportunity to do something about it.
Now that the study on safety aspects which was commissioned by your Committee has been finalised, I very much look forward to you resuming the discussion on this issue. The study confirms our understanding that the safety aspect is unrelated to the issue of design protection. I therefore hope for the European Parliament's full support for the Commission's proposal. This would have a positive effect on the debate in Council."
Lees de volledige speech EU Commissaris Charlie McCreevy hier en zie eerder bericht hier.