5 Amendments of David MARTIN related to 2016/0392(COD)
Amendment 25 #
Proposal for a regulation
Recital 17
Recital 17
(17) Concerning the protection of geographical indications, it is important to have due regard to the Agreement on Trade-Related Aspects of Intellectual Property Rights (‘TRIPS Agreement’), and in particular Articles 22 and 23 thereof, and to the General Agreement on Tariffs and Trade (‘GATT Agreement’) including Article V thereof on freedom of transit, which were approved by Council Decision 94/800/EC.12Within such legal framework, in order to strengthen geographical indication protection and to combat counterfeiting more effectively, a facility should be introduced to permit the seizure of spirits suspected of infringing the protection given to geographical indications which are in transit through the Union customs territory. _________________ 12 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 46 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where the origin of a spirit drink is indicated, it shall correspond to the country or territory of origin in accordance with Article 60 of Regulation (EU) No 952/2013 of the European Parliament and of the Council16 . _________________ 16Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code (OJ L 269, 10.10.2013, p. 1)place or region where the stage in the production process of the finished product which conferred on the spirit drink its character and essential qualities took place.
Amendment 56 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2 a. The protection for geographical indications referred to in paragraph 2 shall be extended to goods brought, in the course of trade, into the Union without being released for free circulation, where such goods, including packaging, come from third countries.
Amendment 81 #
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
Geographical indications of spirit drinks produced in third countries that are protected in the Union pursuant to an international agreement to which the Union is a contracting party may be entered in the Register as geographical indications only after the Commission has adopted an implementing act to that effect.
Amendment 87 #
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. The registration of a trademark which contains or consists of a geographical indication listed in the Register shall be refused or invalidated if its use would lead to any of the situations referred to in Article 18(2).