21 Amendments of Daniel BUDA related to 2021/2007(INI)
Amendment 25 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. Whereas the development and progress of knowledge-based industries depends to a significant extent on the rules governing intellectual property rights (IPR), namely on ensuring effective protection through uniform legislation on patents, trademarks, designs, copyright and related rights, geographical indications and plant variety protection, as well as through appropriate and harmonised application of the rules on the protection of trade secrets,
Amendment 28 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas intellectual property is a fundamental right according to Article 17 of the European Union Charter of Fundamental Rights;
Amendment 37 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Supports the Commission in the implementation of its intellectual property action plan of November 2020, as strong, robust IPR protection at national, European and international level which enables return on investment is particularly important for the economic recovery from COVID-19, to ensure legal certainty, as well as the creation of a digital and globally competitive sustainable economy in Europe;
Amendment 46 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that SMEs are not sufficiently aware of the implications and importance of IPR registrations for increasing market success, as EUIPO’s IP rating tables for SMEs show that, between 2016 and 2019, the percentage of lack of knowledge among SMEs increased from 25 % to 38 %; in this context, calls on the European Commission and EUIPO to identify measures to promote the benefits that registration of intellectual property rights has on the development of SMEs’ activities;
Amendment 52 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that Utility models are fast and low-cost protection for technical inventions and are very attractive for SMEs; encourages therefore the Member States that are not yet offering this tool, to establish it and calls the Commission to consider the possibility to introduce the missing EU level utility model protection;
Amendment 57 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the Unitary Patent package (UPP), which includes the European patent with unitary effect (unitary patent) and the Unified Patent Court (UPC), will make patent protection andmore efficient, as well as dispute settlement across Europe less complex, less costly and more efficientby avoiding the launch of parallel procedures in Member States, less costly, by reducing legal costs, and more efficient, thereby enhancing legal certainty; asks the participating Member States which have not yet done so, therefore, to conclude the ratification of the Agreement on a Unified Patent Court (UPCA), as well as the Protocol to the UPCA on provisional application (PPA), as soon as possible, or by other means to declare that they are bound to the PPA in order to allow for a rapid entry into operation of the UPP;
Amendment 68 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
Amendment 76 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Points out that the introduction of a unitary SPC title could even be foreseen before the entry into force of the Unitary Patent and suggests therefore to the Member States to extend the mandate of the EPO, so that they can carry out the examination of SPC applications on the basis of unified rules, including suspensory condition depending on the formal decision at national level;
Amendment 88 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Highlights that the question if SEP holder may choose the level of licensing in a supply chain is not clarified yet and therefore asks the Commission to cooperate with the relevant stakeholders in order to find an approach on this issue and to address it in its legislative initiative on SEPs;
Amendment 91 #
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Emphasises the importance of increasing the transparency of SDO databases and calls on SDOs to update their declaration system and databases; highlights in this context Article 9(1) lit.c of EU Regulation 1257/2012 which provides that the EPO is given the task of receiving and registering licensing commitments undertaken by the proprietor of a Unitary Patent in international standardisation bodies;
Amendment 99 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses that, at least from the point of view of non-agricultural products, a harmonised system would bring benefits both for consumers, in terms of facilitating knowledge of the authenticity indications of products, and for producers, in terms of encouraging competitiveness and accelerating development, particularly in less developed regions;
Amendment 101 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Takes note that some Member States have already established national sui generis protection systems for GIs for non- agricultural products, creating fragmentation, and thatowing to the lack of a harmonised protection system, leading to fragmentation on the market place and legal uncertainty, also generating impacts to the detriment of producers; takes the view that harmonised protection at Union level would bring the necessary legal certainty to all players;
Amendment 104 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Calls on the Member States that are still sceptical towards GIs for non- agricultural products to recognise the relevance of this protection given the fact that the existing trade mark protection does not enable producers to certify the link between quality and geographical origin;
Amendment 106 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Suggests to assign the EUIPO the responsibility for establishing a register for non-agri GIs in order to ensure a uniform examination and protection throughout the Union and in the long run to deviate from the two layer examination on national and on European level;
Amendment 112 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. PNotes out that design protection for parts used for the repair of complex products is only partially harmonised; points out that some Member States have already introduced a ‘spare parts exception’ or ‘repair clause’ into their legislation, allowing for component parts of complex products to be manufactured and sold without infringing on IPRs; notes that this creates fragmentation in the internal market and legal uncertainty, leading to distortions of competition and hampering the transition to a more sustainable economy; calls on the Commission, therefore, to include a ‘repair clause’ in its future proposal;
Amendment 115 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Is convinced that the design protection should be offered in a uniform way throughout the Single Market and suggests to the Commission to think about aligning the Design Directive and the Community Design Directive in order to create a stronger legal certainty;
Amendment 122 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Highlights that in 2016, up to 6,8 % of EU imports, or a value of EUR 121 billion, were fake goods and that their presence on the single market caused direct sales losses worth EUR 50 billion and direct job losses in the order of 416 000 for the period 2013-2017 1a; Points out that IPR infringement entails a low level of risk in terms of both the likelihood of detection and the punishment if detected; urges the Member States to develop effective and dissuasive sanctions to fight counterfeiting and piracy; _________________ 1a‘Status Report on IPR infringement’, EUIPO, 2020: average annual figures, 2013-2017.
Amendment 129 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that the Internet is significantly used to distribute counterfeit products and IPR-infringing services and welcomes the proposal of the Commission for a Digital Services Act, with significant adverse effects for the EU manufacturing industry as well as for the creative, cultural and sport sectors; welcomes the proposal of the Commission for a Digital Services Act, which will contribute in particular to harmonising specific legal obligations and ensuring the application of the proportionality principle; highlights the fact that proactive measures from intermediaries would contribute enormously to the fight against counterfeiting and that AI and blockchain could play an important role in detecting counterfeit and piracy and enforcing IPR in the whole supply chain; supports, therefore, the use of new technologies to combat IP infringements and welcomes publications produced by the EUIPO Observatory;
Amendment 133 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Welcomes that the Commission intents to come up with a EU-Toolbox against counterfeit in order to enhance cooperation among the rightholders, public authorities and intermediaries - through further clarifying roles and responsibilities - and with the aim to facilitate effective information and data sharing between key actors, promoting the use of new Tools and technologies to prevent and detect counterfeiting activities;
Amendment 136 #
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Stresses that long term education on IP in schools on counterfeit and piracy would also be necessary in order to change the willingness to consume IPR- infringing goods and services; calls therefore on the Member States to cooperate with EUIPO in order to launch awareness campaigns;
Amendment 148 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Welcomes the efforts of all Member States to make sure that the courts take the principle of proportionality into consideration when dealing with injunction cases;