Sat Jun 28 19:01:09 1997 - Message No. 1110
From: katsanos@classic.diavlos.gr

Subject: [Fwd: LA0697:Design protection action]


Simon Milward wrote:
> 
> ACTION
> 
> 24 June 1997
> 
> Mass lobby of Legal Affairs Committee Members needed
> 
> Rider organisations the FIM, EMA and FEM are sending a joint letter to Members
> of the European Parliament's Legal Affairs Committee.  All three organisations
> recognise the dangers that the provisions of the directive could present to
> motorcyclists as consumers and many small motorcycle parts businesses, if
> governments in the Council of Ministers get their way.
> 
> Governments threw out Parliament's 'repair clause' when it established a
> Common Position, which Parliament will formerly receive on 25 June, in the
> Spring.  Prices of pattern repair parts would rise and possibly result in
> their removal from shop shelves altogether, unless Parliaments' view is
> upheld.  Consumer interests are hoping MEPs will re-insert the repairs clause
> whilst rider groups further want to broaden the scope of it to exempt
> motorcycle parts from reproduction fees to the same extent as for cars.
> 
> Individual riders are being asked to write to their Member of the European
> Parliament on this issue.
> 
> Find below the joint three-way letter along with a list of MEPs on the Legal
> Affairs Committee.  MEP's fax numbers are available on FEM's home page.
> 
> For further information please contact FEM.
> 
> --------------------------
> 
> EMA, PO Box 77, Fleet, Hampshire, GU13 8LY, UK
> FEM, Rue des Champs 62, 1040 Brussels, Belgium
> FIM, 142-144 av. de Tervuren, 1150 Bruxelles, Belgique
> 
> title firstname surname
> Member of the European Parliament
> Rue Belliard 97-113
> 1049 Brussels                                           30 June 1997
> 
> Dear title surname,
> 
> Directive on legal protection of designs (MEDINA ORTEGA Report)
> 
> The Common Position agreed by the Council of Ministers on this directive has
> now arrived back in Parliament and will soon be on the agenda of the Legal
> Affairs Committee.  We, the undersigned, representing all motorcyclists and
> their organisations in Europe, ask you to consider our agreed joint position
> outlined below and support it at the Second Reading of the Directive.
> 
> You will be aware that, at the First Reading of the Directive, Parliament
> struck a compromise between the conflicting interests of the original parts
> producers and the consumers by proposing fair and reasonable remuneration for
> use of designs.  Subsequently, the Commission revised the Directive in the
> light of the opinion of Parliament and introduced a "repairs clause" (Article
> 14) which was intended to support consumer rights and avoid monopoly pricing.
> 
> We have two major concerns.  The first is that the Council of Ministers, under
> pressure from just a few Member States, approved the Directive without the
> repairs clause being included.  The second is that the wording of the repairs
> clause itself does not cover the specific needs of motorcyclists.
> 
> The decision of the Council of Ministers has no sound technical basis and is
> an affront to Parliamentary democracy.  The effect on small businesses and
> consumers would be severe and unacceptable and the ideal of a Europe for the
> people would be sacrificed to protectionism and the interests of big business.
> 
> Many parts of a motorcycle, including the engine/gearbox, frame, fuel-tank and
> suspension are externally visible, which is not usually the case with cars.
> The current repair clause does not make a clear differentiation between cars
> and motorcycles and does not specifically classify all motorcycle external
> parts as common repair parts and therefore does not give them exemption from
> the full 25 years design protection.  If the wording of the repairs clause is
> not changed it will discriminate unfairly against one class of road user, the
> motorcyclist.  Clarification of which externally visible motorcycle parts are
> common repair and integrally styled parts will be argued in Courts of Law in
> which the small producers of repair and replacement parts will be at an
> obvious disadvantage.
> 
> We hope that Parliament will not accept the terms of the Common Position, and
> believe that Parliament would be fully justified in serving notice of
> intention to reject the Common Position.  Failing that, we ask to support the
> motorcyclist amendments at the earliest opportunity.
> 
> We are supporting the campaign by ECAR and BEUC and we are willing to explain
> our position, and its technical basis, in more detail if required.
> 
> Yours sincerely
> 
> Donald Lewis            Simon Milward                   Neville Goss MBE
> Chairman EMA            General Secretary, FEM          President CIAP, FIM
> 
> --------------------------
> MEPs on the Legal Affairs Committee
> Address: ... MEP, Rue Belliard 97-113, 1048 Brussels, Belgium
> 
> Ms      Maria Margarethe        BERGER                  A
> Mr      Karl                    HABSBURG-LOTHRINGEN     A
> 
> Mr      Willy C.E.H.            DE CLERCQ       (Chairman)      B
> 
> Herr    Siegbert                ALBER                           De
> Frau    Evelyne                 GEBHARDT                        De
> Herr    Klaus-Heiner            LEHNE                           De
> Herr    Kurt                    MALANGRE                        De
> Frau    Marlies                 MOSIEK-URBAHN                   De
> Herr    Hartmut                 NASSAUER                        De
> Frau    Claudia                 ROTH                            De
> Herr    Willi                   ROTHLEY                         De
> Herr    Wolfgang                ULLMANN                         De
> Frau    Barbara                 WEILER                          De
> Frau    Wilmya                  ZIMMERMANN                      De
> 
> Mr      Ole                     KRARUP                          DK
> 
> Mr      Julio                   ANOVEROS TRIAS de BES           ES
> Mr      Manuel                  MEDINA ORTEGA   (Rapporteur)    ES
> Mr      Fernando                MORN LPEZ                       ES
> Mrs     Ana                     PALACIO VALLELERSUNDI           ES
> Mrs     Francisca               SAUQUILLO PEREZ DEL ARCO        ES
> Mrs     Angela del Carmen       SIERRA GONZLEZ                  ES
> Mr      Josep                   VERDE I ALDEA                   ES
> 
> Mr      Astrid                  THORS                           FIN
> 
> Mr      Jean-Pierre             COT                             FR
> Mr      Herve                   FABRE-AUBRESPY                  FR
> Mrs     Nicole                  FONTAINE                        FR
> Mr      Jean-Francois           HORY                            FR
> Mr      Jean-Marie              LE PEN                          FR
> Mrs     Anne-Marie              SCHAFFNER                       FR
> 
> Mr      Georgios                ANASTASSOPOULOS                 GR
> Mr      Dimitris                TSATSOS                         GR
> 
> Mrs     Nuala                   AHERN                           IRL
> Mr      Patrick                 COX                             IRL
> Mr      Brian                   CROWLEY                         IRL
> 
> Mr      Roberto                 BARZANTI                        IT
> Mr      Carlo                   CASINI                          IT
> Mr      Biagio                  DE GIOVANNI                     IT
> Mr      Enrico                  FERRI                           IT
> Mr      Luigi Andrea            FLORIO                          IT
> Mr      Gianfranco              FINI                            IT
> Mr      Andrea                  MANZELLA                        IT
> 
> Mr      James L.                JANSSEN van RAAY                NL
> Mr      Florus A.               WIJSENBEEK                      NL
> 
> Mr      Carlos                  CANDAL                          Pt
> 
>         MaLou                   LINDHOLM                        SWE
> 
> Mr      Bryan M.D.              CASSIDY                         UK
> Mr      Alexander C.            FALCONER                        UK
> Mr      David W.                MARTIN                          UK
> Mrs     Anne Caroline B.        McINTOSH                        UK
> Mr      Edward                  NEWMAN                          UK
> Ms      Christine Margaret      ODDY                            UK
> Mr      David Edward            THOMAS                          UK
> 
> =====================================================================
>                Federation of European Motorcyclists
>               Rue des Champs 62, 1040 Brussels, Belgium
>             Tel: + 32 2 736 9047  Fax: + 32 2 736 9401
>                  Email: SimonMilwardFEM@compuserve.com
>       FEM Home Page http://dredd.meng.ucl.ac.uk/www/mag/fem.html
> 
>                 For regular FEM news via listserver
> To subscribe, mail  fem-info-request@meng.ucl.ac.uk with text: SUBSCRIBE
> To unsubscribe, mail  fem-info-request@meng.ucl.ac.uk with text: SIGNOFF
> 
>              International Riders' Rights Directory:
>       http://dredd.meng.ucl.ac.uk/www/mag/internet_contacts.html
> 
>                 Email reference numbers/filing
> PR=Public Relations, Com=Committee, S=Safety, LA=Laws Action, LI=Laws Info.
>               497=April 1997, 1198=November 1998
> ======================================================================


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