MIME-Version: 1.0 Content-Location: file:///C:/5C636B21/ARTICLE97A.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" [ARTICLE 16C ]

SINGLE MARKET:

CREATION OF MEASURES FOR EU INTELLECTUAL PROPERTY RIGHTS<= /span>

WOULD MEAN SURRENDER OF BASIC UK RIGHTS <= /b>

FOR AUTHOR OR PRODUCER

[ARTICLE 97A]

 

 

AMENDMENT TO: Treaty of Lisbon amending the Treaty on European Union and t= he Treaty establishing the European Community (Lisbon, 13 December 2007)<= /span>

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Policy Area:

Treaty= on the Functioning of the European Union, Article 97A

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Amendment:<= /o:p>

Clause  2,&n= bsp; page  1,  line  12,  after ‘excluding’, insert—

 

‘(i) Article 2, paragraph 84, new Article 97a TEC (TFEU) relating to intellectual property;= and

 

(ii)’.

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<= st1:City w:st=3D"on">Lisb= on Treaty: =

“INTELLECTUAL PROPERTY<= /o:p>

84) The following new Article 97a shall be inserted as t= he final article of Title VI:

“Article 97a

In the context of the establishment and functioning of t= he internal market, the European Parliament and the Council, acting in accorda= nce with the ordinary legislative procedure, shall establish measures for the creation of European intellectual property rights to provide uniform protec= tion of intellectual property rights throughout the Union and for the setting up= of centralised Union-wide authorisa= tion, coordination and supervision arrangements.<= /o:p>

The Council, acting in accordance with a special legisla= tive procedure, shall by means of regulations establish language arrangements for the European intellectual property rights. The Council shall act unanimously after consulting the European Parliament.’.”

 

Consolidated Treaty Article(s):

n/a

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Expl= anation:

To establish the functioning of the internal mark= et, the European Parliament and the Council, under the co-decision procedure, i= ntend to bring about measures to provide a basis for European intellectual proper= ty rights. This will provide the basis for a Europe-wide establishment and pro= tection of intellectual property rights throughout the Union= , including the authorisation, coordination and supervision.

 

This is not what Europe needs and nor can it affo= rd to establish such a system – especially in relation to its developmen= t of a patent system – since it will sweep across markets, determining a g= iven stamp of EU authority over all economic entities and work against the deliv= ery of intellectual property rights in copyrights, trademarks, designs and pate= nts within Britain.

 

To allow this power to be signed away to an EU sy= stem would be a massive surrender of the basic protection of entitlements and ri= ghts of the author or producers in Britain. Any EU interference in this field of private property right protection woul= d be to surrender the most critical powers that the UK Government could give up.= The assertion of a unique European intellectual property rights would create a massive bureaucratic disaster, the failure of w= hich would be irreversible within the European Union. <= /p>