17 Amendments of Daniel BUDA related to 2022/0115(COD)
Amendment 147 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) In its Resolution of 11 November 2021 on an intellectual property action plan to support the EU’s recovery and resilience [1], Parliament highlighted that recognition of GIs for non-agricultural products is relevant for the priorities of EU programmes currently in development, citing the fact that Parliament is supporting the Commission in its initiative to establish, based on a thorough impact assessment, an effective and transparent EU-level protection of geographical indications (GIs) for non- agricultural products, in order to align with, inter alia, the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, which the EU has signed and which includes the option to protect GIs for both agricultural and non-agricultural products
Amendment 148 #
Proposal for a regulation
Recital 3
Recital 3
(3) For many years, geographical indication protection has been established at Union level for wines, spirit drinks6, , aromatised wines7, as defined at Union level, as well as agricultural products and foodstuffs8, as protected at Union level. It is appropriate to provide Union-wide geographical indication protection in respect of products falling outside the scope of existing regulations, while ensuring convergence, and aiming at encompassing a large variety of craft and industrial products, such as natural stones, jewellery, textiles, lace, cutlery, glass and porcelain. _________________ 6 Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008 (OJ L 130, 17.5.2019, p. 1). 7 Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347 20.12.2013, p. 671). 8 Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemesThe introduction of this kind of protection system would bring benefits for consumers, by facilitating knowledge of the authenticity of products, have a positive economic impact on micro- enterprises and SMEs by encouraging competitiveness, and have a general impact on employment, development and tourism in rural and less developed areas, which could in particular help the EU’s recovery after the COVID-19 crisis and the Russian aggression against Ukraine. Furthermore, such a system of protection for non-agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).GIs would also facilitate access to third country markets through EU trade agreements
Amendment 151 #
Proposal for a regulation
Recital 4
Recital 4
(4) Several Member States have national regimes for the protection of national geographical indications for craft and industrial products. These regimes differ in terms of protection, administration and fees, and do not offer protection beyond the national territory. Other Member States do not provide for geographical indication protection at national level for such products. That complex landscape of various non- harmonised protection regimes at Member States level causes market fragmentation and may result in increased costs and legal uncertainty for producers and be a disincentive to investment in the traditional crafts in the Union. Harmonised protection at Union level might be essential for creating the legal certainty necessary for all players, while guaranteeing prevention of IPR violations for manufactured and artisanal products so that the EU can better protect its interests, including at international level;
Amendment 154 #
Proposal for a regulation
Recital 5
Recital 5
(5) Unitary protection throughout the Union for the intellectual property rights related to geographical indications can contribute to incentives for the production of quality products, the fight against product counterfeiting, the wide availability of such products for consumers and the creation of valuable and sustainable jobs including in rural and less- developed regions. In particular in view of the potential of geographical indications to contribute to sustainable and highly skilled jobs in rural and less developed regions, producers should aim at creating a substantial proportion of the value of the product designated by a geographical indication within the defined geographical area.
Amendment 156 #
Proposal for a regulation
Recital 7
Recital 7
(7) Making geographically linked products is often based on local know-how and follows local production methods that are rooted in traditions and the cultural and social heritage of the home region of such products. Efficient intellectual property protection has the potential to contribute to increased profitability and attractiveness of the traditional craft professions, the preservation of tradition and the promotion of cultural heritage. Specific geographical indication protection is acknowledged so as to safeguard and develop cultural heritage both in the agricultural and the craft and industrial areas. Efficient and fast procedures should be established for the registration of Union geographical indications protecting the names of craft and industrial products, which take into account regional and local specificities. The geographical indication system for craft and industrial products should ensure that the production and marketing traditions are maintained and enhanced, and also promoted.
Amendment 157 #
Proposal for a regulation
Recital 8
Recital 8
(8) It is therefore necessary to firstly, ensure harmonised standards for protection, legal certainty, and fair competition for producers of craft and industrial products in the internal market; secondly, guarantee the availability to consumers of reliable information pertaining to such products; thirdly, safeguard and, develop and promote cultural heritage and traditional know-how; fourthly ensure an efficient registration of geographical indications for craft and industrial products both for the Union and at international level; fifthly provide for an effective enforcement of intellectual property rights throughout the Union and in electronic commerce within the internal market, and lastly, ensure the link with the international registration and protection system based on the Geneva Act.
Amendment 175 #
Proposal for a regulation
Recital 19
Recital 19
(19) To ensure efficient and coherent decision- making as regards applications for protection and judicial challenges against them, submitted in the national procedure, the Office should be informed in a timely and regular manner when procedures are launched before national courts or other bodies concerning an application for registration forwarded by the Member State to the Office and of their final results. For the same reason, where a Member State considers that a national decision on which the application for protection is based is likely to be invalidated as a result of national judicial proceedings, it should inform the Office of that assessment without delay. If the Member State requests the suspension of the examination of an application at Union level, the Office should be exempted from the obligation to meet the deadline for examination establishre- scheduled therein. In order to protect the applicant from vexatious legal actions and to preserve the applicant’s right to secure the protection of a name within a reasonable time, the exemption should be limited to cases in which the application for registration has been invalidated at national level by an immediately applicable but not final judicial decision or in which the Member State considers that the action to challenge the validity of the application is based on valid grounds.
Amendment 188 #
Proposal for a regulation
Recital 32
Recital 32
(32) Producer groups, constituted in accordance with the specific requirements of the national legislation of each Member State, play an essential role in the application process for the registration of geographical indications, as well as in the amendment of specifications and cancellation requests. They should be equipped with the necessary means to better identify and market the specific characteristics of their products. The role of the producer group should therefore be clarified.
Amendment 193 #
Proposal for a regulation
Recital 36
Recital 36
(36) As it is the first time that an Union- wide geographical indication protection system for craft and industrial product is implemented, it is important to raise awareness among consumers, producers, especially SMEs, MSMEs and public authorities at national, regional and local level about the initiative.
Amendment 199 #
Proposal for a regulation
Recital 40
Recital 40
(40) The added value of geographical indications is based on consumer trust. Such trust can only be well-founded if the registration of geographical indications is accompanied by effective but reasonable verification and controls, including the producer’s due diligence.
Amendment 206 #
Proposal for a regulation
Recital 45
Recital 45
(45) The self-declaration should provide competent authorities with all necessary information on the product and on its compliance with the product specification. To ensure that the information provided in the self-declaration is comprehensive, a harmonised structure for such declarations should be laid down in Annex. It is important to ensure that the self-declaration is filled in truthfully and accurately. Therefore, the producer should take full responsibility for the information provided in the self-declaration, and should be able to provide the necessary evidence to allow for the verification of that information, though without, through the information provided, affecting the provisions on the protection of know-how and trade secrets.
Amendment 210 #
Proposal for a regulation
Recital 47
Recital 47
(47) In the event of non-compliance with the product specification, the competent authorities should take appropriate and reasonable measures to ensure that the producers concerned remedy the situation and to prevent further non-compliances. In addition, Member States should provide for a set of effective, proportionate and dissuasive penalties aimed at deterring possible fraudulent behaviour by producers.
Amendment 212 #
(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 and reasonable controls and its practicalities should be laid down.
Amendment 230 #
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) ‘producer group’ means any association, irrespective of its legal form, mainly composed of producers or processors working with the same product; , constituted in accordance with the specific requirements of the national legislation of each Member State
Amendment 239 #
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) ‘production step’ means any stage ofaiming to obtain the product from production, processing or preparation, up to the point, where the product is in aits finished form to be placed on the internal market;
Amendment 268 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) at least one of the production steps of the product, as specified in Article 2 (1) e), takes place in the defined geographical area. in accordance with the provisions of paragraph (1)
Amendment 299 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) evidence that the product originates in the defined geographical area specified in Article 5, point (c);