COMMISSION DECISION

of 23 February 2017

as regards the granting of individual licences to all Coordinators of the European Reference Networks to use the European Reference Network trademark

(2017/C 60/06)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Decision of the Commission of 19 September 2001 (PV1536) conferring to the Directors-General and Heads of Services the power to decide on the need to file an application for protection of intellectual property rights resulting from the activities or programmes for which they are responsible, the granting of licences related thereto, the acquisition, transfer or surrender or abandoning of rights, and to the Directors-General the power of administrative execution related thereto,

Whereas:

(1) Directive 2011/24/EU of the European Parliament and of the Council(1) provides that the Commission is to support the development of European Reference Networks (ERNs) between highly specialised healthcare providers of the Member States.

(2) Article 7 of Commission Implementing Decision 2014/287/EU(2) provides that the Commission licenses to Networks and their members the use of a unique graphic identifier (‘logo’).

(3) The logo ‘European Reference Network’ was registered as a figurative trademark (reg. n

o

012252128) in the territory of European Union by the Commission.

(4) The European Union is the legitimate owner of the trademark and is willing to grant a licence to use it to all Coordinators of the European Reference Networks,

HAS DECIDED AS FOLLOWS:

Article 1

All Coordinators of the European Reference Networks approved by the ERN Board of Member States shall have a non-exclusive, royalty-free, conditional right to use the trademark ‘European Reference Network’ (reg. n

o

012252128) for initiatives related to the activities of the European Reference Networks in accordance with the objectives set out in Article 12 of Directive 2011/24/EU.

Article 2

All Coordinators of the European Reference Networks approved by the ERN Board of Member States are authorised to sub-license to members of their respective Networks the right to use the trademark for initiatives related to the activities of their Networks.

Done at Brussels, 23 February 2017.

For the Commission

Vytenis ANDRIUKAITIS

Member of the Commission

(1)  Directive 2011/24/EU of the European Parliament and of the Council of 9 March 2011 on the application of patients' rights in cross-border healthcare (

OJ L 88, 4.4.2011, p. 45

).

(2)  Commission Implementing Decision 2014/287/EU of 10 March 2014 setting out criteria for establishing and evaluating European Reference Networks and their Members and for facilitating the exchange of information and expertise on establishing and evaluating such Networks (

OJ L 147, 17.5.2014, p. 79

).