Activities of Amelia ANDERSDOTTER related to 2013/0088(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 207/2009 on the Community trade mark
Amendments (6)
Amendment 6 #
Proposal for a regulation
Recital 18
Recital 18
(18) With the aim of strengthening trade mark protection and combatting counterfeiting more effectively, the proprietor of a European trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the Union without being released for free circulation there, where such goods come from third countries and bear without authorization a trade mark which is essentially identical to the European trade mark registered in respect of such goodshe free exchange of goods and services, free competition, equality, consumer choice and the right of access of all to affordable medicines and other goods without over- paying to monopolistic providers, the European Union should follow the Doha Declaration and similar texts which provide for those in need over those with the aims of greed.
Amendment 8 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 11 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Amendment 13 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation 2009/207/EC
Article 9 – paragraph 5
Article 9 – paragraph 5
The proprietor of a European trade mark shall also be entitled to prevent all third parties from bringing goods, in the context of commercial activity, into the customs territory of the Union without being released for free circulation there,, if there is direct evidence of third party action to place the goods into the EU stream of commerce and where such goods, including packaging, come from third countries and bear without authorization a trade mark which is identical to the European trade mark registered in respect of such goods, or which cannot be distinguished in its essential aspects from that trade markhas been properly registered as such within the European Union.
Amendment 14 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation 2009/207/EC
Article 9a(a)
Article 9a(a)
affixing in the course of trade a sign identical with or similar to, as specified in Article 8 paragraph 1 of this Regulation, the European trade mark on get-up, packaging or other means on which the mark may be affixed;
Amendment 15 #
Proposal for a regulation
Article 1 – paragraph 1 – point 74 a a (new)
Article 1 – paragraph 1 – point 74 a a (new)
(74 aa) Indemnification of the Importer and the Owner of the Goods The Agency shall have the authority to order a proprietor of a European trade mark to pay the importer, the consignee and owner of the goods appropriate compensation for any injury caused to them through a wrongful detention of goods due to import restriction rights granted in Article 9.