Activities of Amelia ANDERSDOTTER related to 2013/0089(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council to approximate the laws of the Member States relating to trade marks (Recast)
Amendments (6)
Amendment 7 #
Proposal for a directive
Recital 22
Recital 22
(22) With the aim of strengthening trade mark protection and combatting counterfeiting more effectively, the proprietor of a registered trade mark should be entitled to prevent third parties from bringing goods into the customs territory ofhe 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 Members State 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 s should follow the Doha Declaration and similar texts which provide for those in need over those withe trade mark registered in respect of such goodshe aims of greed.
Amendment 8 #
Proposal for a directive
Recital 23
Recital 23
Amendment 12 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 14 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The proprietor of a registered 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 Member State where the trade mark is registered without being released for free circulation there,, if there is direct evidence of third party action to place the goods into the Member State 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 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 Member State.
Amendment 15 #
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) affixing in the course of trade a sign identical with or similar to, as specified in Article 5 paragraph 1 of this Directive, the trade mark on get-up, packaging or other means on which the mark may be affixed;
Amendment 16 #
Proposal for a directive
Article 37 a (new)
Article 37 a (new)
Article 37 a Indemnification of the Importer and the Owner of the Goods Appropriate agencies shall have the authority to order a proprietor of a 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 10.