Activities of Dita CHARANZOVÁ related to 2022/0115(COD)
Opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on geographical indication protection for craft and industrial products and amending Regulations (EU) 2017/1001 and (EU) 2019/1753 of the European Parliament and of the Council and Council Decision (EU) 2019/1754
Amendments (10)
Amendment 36 #
Proposal for a regulation
Recital 23
Recital 23
(23) The Union negotiates international agreements, including those concerning the protection of geographical indications, with its trade partners. Protection of geographical indications for craft and industrial products throughout the Union can also stem from those agreements, irrespective of the international registrations provided under the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications or the application and registration system set out in this Regulation. In its negotiating capacity the Commission should make every effort to extend, update and improve protection of geographical indications pertaining to craft and industrial products with trade partners which are not signatories to the Geneva Act of the Lisbon Agreement by means of bilateral and multilateral agreements, to create symmetry in trade relations and ensure that EU craft and industrial products are reciprocally protected by our trade partners. In order to facilitate the provision to the public of information about the geographical indications protected in the Union either by virtue of the international registrations provided under the Geneva Act or by virtue of the international agreements with the Union trade partners, and in particular to ensure protection and control of the use to which those geographical indications are put, those geographical indications should be entered in the Union register of geographical indications for craft and industrial products.
Amendment 43 #
Proposal for a regulation
Recital 24
Recital 24
(24) For the optimal functioning of the internal market, it is important that producers and other operators concerned, authorities and consumers may quickly and easily have access to the relevant information concerning a registered protected geographical indication. Access to the relevant information should be reliable, free of charge and equally granted to all stakeholders interested.
Amendment 45 #
Proposal for a regulation
Recital 28
Recital 28
(28) Protection should be granted to names included in the Union register of geographical indications for craft and industrial products to ensure that they are used fairly and in order to prevent practices liable to mislead consumers. In order to strengthen geographical indication protection and to combat more effectively counterfeiting, both in online and offline environments, the protection of geographical indications should also apply to domain names on the internet, thus the establishment of an information and alert system at the EUIPO on the availability of GIs as domain name and on potential infringing domain registrations, requiring EU ccTLD registries to provide EUIPO with relevant information and data, is essential1a. Concerning the protection of geographical indications, it is also important to have due regard to the Agreement on Trade-Related Aspects of Intellectual Property Rights, and in particular Articles 22 and 23 thereof, and to the General Agreement on Tariffs and Trade including Article V thereof on freedom of transit, which were approved by Council Decision 94/800/EC15 . Within such legal framework, in order to strengthen geographical indication protection and to combat counterfeiting more effectively, such protection should also apply with regard to goods entering the customs territory of the Union without being released for free circulation, and placed under special customs procedures such as those relating to transit, storage, specific use or processing. _________________ This should be achieved in full conformity with Regulation (EU) No 608/2013 of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No1383/2003. _________________ 1a This will boost the already existing information and alert system set up by EUIPO – European Union Intellectual Property Office in collaboration with EURid for EUTMs and .eu domain names 15 Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986- 1994) (OJ L 336, 23.12.1994, p. 1).
Amendment 65 #
Proposal for a regulation
Recital 53
Recital 53
(53) Taking into account that a product designated by the geographical indication produced in one Member State might be sold in another Member State, administrative assistance between Member States should be ensured to allow effective controls and its practicalities should be laid down. A registry of all EU Member States competent authorities nominated for administrative assistance should be drafted and made easily accessible to each national or regional point of contact for better inter-state cooperation to effectively exploit the benefits of a EU-wide geographical indication scheme.
Amendment 93 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Where a Member State charges a fee, the level of the fees shall be reasonable, foster the competitiveness of the producers of the geographical indications and shall take into account the situation ofould charge lower fees for micro, small and medium- sized enterprises (MSMEs).
Amendment 109 #
Proposal for a regulation
Article 19 – paragraph 4 – subparagraph 1 (new)
Article 19 – paragraph 4 – subparagraph 1 (new)
The Office may seek supplementary information from the Member State concerned if a change in a production method, that does not call into question a product’s quality, authenticity, reputation or characteristics attributable to its geographical origin, is due to innovation, whether technological or process-related, as openness to innovation and experimenting are crafts people’s main drivers of digital and green transition. Such change should not alter the registration process nor lead to withdrawal or to a new application process.
Amendment 121 #
Proposal for a regulation
Article 29 – paragraph 1 – point a
Article 29 – paragraph 1 – point a
(a) where compliance with the requirements for the product specification and proper methods of controls and checks of conformity with the product specification can no longer be ensured;
Amendment 126 #
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. The Advisory Board shall be composed of one representative of each Member State and one representatives of the Commission and their respective alternates. The Board should also consider including hearings of recognized experts in the field of GIs on a case-by-case basis, and observers of representative business organizations.
Amendment 155 #
Proposal for a regulation
Article 45 – paragraph 1 – point b a (new)
Article 45 – paragraph 1 – point b a (new)
(b a) in case of any vulnerabilities identified whilst conducting verification and monitoring, these should be communicated to the Office as a matter of urgency.
Amendment 161 #
Proposal for a regulation
Article 48 – paragraph 4 a (new)
Article 48 – paragraph 4 a (new)
4 a. In terms of enforcement of geographical indications rights protection in the marketplace and of combating counterfeiting more effectively, the relevant authorities shall respect the guidelines and good practices measures, procedures and remedies set out in Directive 2004/48/EC of the European Parliament and in full conformity with the Council and European Parliament Regulation No 608/2013 of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003.