Activities of Alessia Maria MOSCA related to 2014/2206(INI)
Plenary speeches (2)
Intellectual property rights in third countries (A8-0161/2015 - Alessia Maria Mosca) IT
Intellectual property rights in third countries (short presentation) IT
Reports (1)
REPORT on Strategy for the protection and enforcement of intellectual property rights in third countries PDF (168 KB) DOC (94 KB)
Amendments (26)
Amendment 2 #
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the 2010 trade policy working paper by the OECD entitled "Policy Complements to the Strengthening of IPRS in Developing Countries",
Amendment 11 #
Motion for a resolution
Recital B
Recital B
B. whereas it is essential to promote the strengthening of links between education, business and research and innovation; whereas procedures for combating intellectual property rights (IPR) infringements are costly and time- consuming, particularly for SMEs, including individual rightholders;
Amendment 16 #
Motion for a resolution
Recital D
Recital D
D. whereas the IPR debate should be based on qualified reflection of past experiences, while keeping consistency between internal and external aspects, distinguishing between physical and digital environments, taking into consideration concerns of all stakeholders, including SMEs and consumer organisations and aiming at ensuring a fair balance between the interests of rights’ holders and those of end usersfull transparency of interests and adequate legitimacy when striving to achieve a fair balance amongst all interests at stake;
Amendment 23 #
Motion for a resolution
Recital H
Recital H
H. whereas it is necessary to combat IPR infringements in order to lower the risks they pose to the health and safety of consumers and to the environment and in order to avoid economic and social consequences for EU businesses and creators as well as risks to cultural diversity in Europe and in third countries; whereas the fight against organised crime profiting from trade in counterfeit and pirated goods requires specific attention;
Amendment 29 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that diligent identification of all interests involved is required as a necessary step to enable a healthy and legitimate debate on important topics like IPR;
Amendment 31 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the debate on balancing of interests is multifaceted and complex, with commercial interests on all sides; considers that the call for improved stakeholder involvement in the debate on IPR need to be accompanied by steps to ensure transparency and legitimacy of all participants; notes that the in this respect there is no evaluation of the Communication that takes into account both the 2004 Strategy for the enforcement of intellectual property rights in third countries and the rejection of the Anti- Counterfeiting Trade Agreement (ACTA);
Amendment 33 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that it is not clear by what means and by what method the results included in the Communication could be achieved, in particular as regards what resources will be used and where they will be taken from, also considering the limited resources made available for the purpose of supporting European rightholders who export or who establish themselves in third markets;
Amendment 35 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that there is no clear indication of coordination between internal policies and external policies regarding the protection of intellectual property rights, and stresses the importance of internal improvement on the issue; recognises that coherence between internal and external policies does not negate the need for a tailored approach, recognising the specific facts and circumstances existing in a third country market at issue;
Amendment 38 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines that IPR protection should be seen as a first step – necessary but not sufficient – towards establishing access to a third country’s market, since export promotion does not have any effect without protectionsubstantive protection and the ability to effectively exercise the recognised IP rights;
Amendment 42 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that the commercial nature of many IPR infringements and the growing involvement of organised crime in IPR infringements hasve become a major issue; regrets that the United Nations Convention against Transnational Organised Crime (Palermo Convention) still does not have a protocol on counterfeiting;
Amendment 45 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Appreciates and supports the aim of better coherence between IPR protection and enforcement and other policies, and between the Commission and Member States in reaching the goal; considers that IPR protectionadequate measures to address IPR infringements can play a crucial role in the fight against organised crime, money laundering and tax evasion and the development of fair and sustainable online business environment;
Amendment 58 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Takes the view that the rules and flexibilities in the TRIPS agreement should be implemented in the most flexible waya balanced and effective manner where appropriate;
Amendment 64 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines the need for a stronger and more transparent public debate on enforcement;
Amendment 75 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Considers that the problem of IPRs infringement multiplied in the last years through digitalization and the growing number of digital selling platforms, where counterfeited products are sold and distributed worldwide without any effective mean of control; in this respect, calls for a deeper reflection aimed at the adoption of more efficient tools for control in the online selling of physical products;
Amendment 78 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers that the responsibilities of intermediaries are underestimated; would in this regard have welcomed a more sophisticated Strategy while recognising that this issue is subject to a separate debate;
Amendment 88 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to contribute to creating an environment in which the interests of Member States and third countries are convergent and where there is a reciprocal interest in raising the barclosing the gaps in protection and, where appropriate, in raising the bar; notes the need to distinguish carefully between the circumstances of the different "developing countries" and the trade issues involved;
Amendment 97 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Takes the view that the criteria to be applied for the Generalised Scheme of Preferences Plus (GSP+) programme should include the ratification and implementation of the WIPO Trademark Law Treaty, the WIPO Phonograms and Performance Treaty, the WIPO Copyright Treaty, the Geneva Act of the Hague Agreement, the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration, and other IPR-related international agreements;
Amendment 106 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to continue to support a constructive dialogue on access to medicines involving all relevant stakeholders;
Amendment 113 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Takes the view that, while EU enterprises must be protected, and taking into account that some EU enterprises provide access to medicines through assistance programs and discounted tiered prices, it is necessary for medicine prices to be adapted to the economic level of the country in which they are sold, while account must also be taken of market distortions caused by the reselling of medicines in third countries;
Amendment 123 #
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Calls on the Commission to stimulate early exports of EU produced generic medicines as soon as they are not patent protected in third countries anymore;
Amendment 125 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Considers that some of the statistical data quoted by the Communication has been derived using a controversial and already criticised methodology;
Amendment 133 #
Motion for a resolution
Paragraph 34
Paragraph 34
34. Recognises that better, harmonised internal IPR-related policies could be helpful in the effort to improve the standardise the of protection and enforcement of IPR globally;
Amendment 140 #
Motion for a resolution
Paragraph 38
Paragraph 38
38. Calls on the Commission to work towards the inclusion in the WTO system of IPR-related international agreements that are not yet part of it, such as the WIPO Trademark Law Treaty, the WIPO Phonograms and Performance Treaty, the WIPO Copyright Treaty, the Geneva Act of the Hague Agreement and the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration;
Amendment 147 #
Motion for a resolution
Paragraph 40
Paragraph 40
40. Considers that ratification of the WIPO treaties listed in paragraph above for the inclusion of WTO system should be included in the bilateral free trade agreements concluded by the Union;
Amendment 149 #
Motion for a resolution
Paragraph 41
Paragraph 41
41. Supports the Commission’s approach of setting up IP dialogues and working groups with priority countries with which comprehensive negotiations are not ongoing, with the aim of achieving specific commitments in IP protection and enforcement; stresses the need to put IPR on the agenda of higher level political meetings when progress at the level of IP dialogues and inter-agency meetings is not forthcoming;
Amendment 153 #
Motion for a resolution
Paragraph 43
Paragraph 43
43. Calls on the Commission to make more regular recourse to dispute settlement mechanisms, including the WTO’s Dispute Settlement Body, when the rights of the Union’s economic operators, including all IPR holders, are infringed;