Activities of Bernhard RAPKAY related to 2013/0088(COD)
Plenary speeches (1)
Community trade mark - Laws of the Member States relating to trade marks (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 207/2009 on the Community trade mark PDF (852 KB) DOC (971 KB)
Amendments (15)
Amendment 77 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure legal certainty and clarity, it is necessary to clarify that not only in the case of similarity but also in case of an identical sign being used for identical goods or services, protection should be granted to a European trade mark only if and to the extent that the main function of the European trade mark, which is to guarantee the commercial origin of the goods or services, is adversely affected.
Amendment 78 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) The main function of a trademark is to guarantee the origin of the product to the consumer or final user by enabling him or her to distinguish without any possibility of confusion between that product and products which have another origin;
Amendment 82 #
Proposal for a regulation
Recital 18
Recital 18
(18) With the aim of strengthening trade mark protection and combatting counterfeiting more effectively, the proprietor of a European trade mark should be entitled to prevent third parties from bringing goods into the customs territory of the Union without being released for free circulation there, where such goods come from third countries and bear without authorization a trade mark which is essentially identical to the European trade mark registered in respect of such goods. This shall be without prejudice to the Union's compliance with WTO rules, notably with GATT Article V on freedom of transit.
Amendment 87 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) The exclusive rights conferred by a trade mark should not entitle the proprietor to prohibit the use of signs or indications which are used for a due cause in order to allow consumers to make comparisons, to express opinions or where there is no commercial use of the mark.
Amendment 93 #
Proposal for a regulation
Recital 40
Recital 40
(40) With the aim of promoting convergence of practices and of developing common tools, it is necessary to establish an appropriate framework for cooperation between the Agency and the offices of the Member States, clearly defining the areas of cooperation and enabling the Agency to coordinate relevant common projects of Union interest or of interest to the majority of the industrial property offices of the Member States and the Benelux Office for Intellectual Property, and to finance, up to a maximum amount, those common projects by means of grants. Those cooperation activities should be beneficial for undertakings using trade mark systems in Europe. For users of the Union regime laid down in this Regulation, the common projects, particularly the databases for search and consultation purposes, should provide additional, inclusive, efficient and free of charge tools to comply with the specific requirements flowing from the unitary character of the European trade mark.
Amendment 97 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) No 207/2009
Article 4 – introductory part
Article 4 – introductory part
A European trade mark may consist of any signs, in particular words, including personal names, designs, letters, numerals, colours as such, the shape of goods or of their packaging, or sounds, provided that generally available technology is used and such signs are capable of
Amendment 107 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 207/2009
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) the sign is identical with the European trade mark and is used in relation to goods or services which are identical with those for which the European trade mark is registered, and where such use affects or is liable to affect the function of the European trade mark to guarantee to consumers the origin of the goods or services by enabling him or her to distinguish without any possibility of confusion between that product and products which have another origin;
Amendment 119 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 207/2009
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The proprietor of a European trade mark shall also be entitled to prevent all third parties from bringing goods, in the context of commercial activity, into the customs territory of the Union without being released for free circulation there, where such goods, including packaging, come from third countries and bear without authorization a trade mark which is identical to the European trade mark registered in respect of such goods, or which cannot be distinguished in its essential aspects from that trade mark.'; This shall be without prejudice to the Union's compliance with WTO rules, notably with GATT Article V on freedom of transit.
Amendment 124 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 207/2009
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. The trade mark shall not entitle the proprietor to prohibit a third party from using the trade mark for a due cause in connection with: (a) advertising or promotion that permits consumers to compare goods or services; or (b) identifying and parodying, criticizing, or commenting upon the trade mark proprietor or the goods or services of the trade mark owner proprietor; or (c) any non-commercial use of a mark
Amendment 161 #
Proposal for a regulation
Article 1 – paragraph 1 – point 98
Article 1 – paragraph 1 – point 98
Regulation (EC) No 207/2009
Article 123b – paragraph 1 – point d a (new)
Article 123b – paragraph 1 – point d a (new)
(da) the tasks conferred on it by Directive 2012/28/EU of the European Parliament and of the Council on certain permitted uses of orphan works.
Amendment 162 #
Proposal for a regulation
Article 1 – paragraph 1 – point 98
Article 1 – paragraph 1 – point 98
Regulation (EC) No 207/2009
Article 123b – paragraph 3
Article 123b – paragraph 3
3. The Agency may provide voluntary mediation and arbitration services for the purpose of assisting parties in reaching an amicable settlement.
Amendment 165 #
Proposal for a regulation
Article 1 – paragraph 1 – point 98
Article 1 – paragraph 1 – point 98
Regulation (EC) No 207/2009
Article 123 c – paragraph 2
Article 123 c – paragraph 2
2. The Agency shall define, elaborate and coordinate common projects of Union interest or of interest to the majority of the industrial property offices of the Member States and the Benelux Office for Intellectual Property with regard to the areas referred to in paragraph 1. The project definition shall contain the specific obligations and responsibilities of each participating industrial property office of the Member States and the Benelux Office for Intellectual Property.
Amendment 168 #
Proposal for a regulation
Article 1 – paragraph 1 – point 98
Article 1 – paragraph 1 – point 98
Regulation (EC) No 207/2009
Article 123 c – paragraph 3
Article 123 c – paragraph 3
3. The industrial property offices of the Member States and the Benelux Office for Intellectual Property shall participate effectively in the common projects referred to in paragraph 2 with a view to ensuring their development, functioning, interoperability, and keeping up to date. Participation in these projects shall be obligatory. Nevertheless, if the outcome of these projects leads to the development of instruments that are equivalent to instruments which already exist in the Member States, participation shall not give rise to an obligation to implement the outcome in the Member States concerned.
Amendment 177 #
Proposal for a regulation
Article 1 – paragraph 1 – point 106
Article 1 – paragraph 1 – point 106
Regulation (EC) No 207/2009
Article 136 a (new)
Article 136 a (new)
Article 136a Mediation and arbitration centre 1. The Agency may establish a mediation and arbitration centre which is independent of the decision-making instances listed in Article 130. The centre should be located on the Agency's premises. 2. Any natural or legal person may use the centre's services on a voluntary basis with the aim of resolving disputes covered by this Regulation and by Directive ... by mutual agreement. 3. The Agency may also start an arbitration procedure on its own initiative to give parties the opportunity to reach an agreement by common consent. 4. The centre shall be led by a director who shall be responsible for the centre's activities. 5. The director shall be appointed by the Management Board. 6. The centre shall draw up rules governing mediation and arbitration procedures and rules governing the centre's work. The rules governing mediation and arbitration procedures and the rules governing the centre's work shall be ratified by the Management Board. 7. The centre shall establish a register of mediators and arbitrators who support parties in resolving disputes. They must be independent and possess relevant skills and experience. The register shall require the approval of the Management Board. 8. Any agreement reached as a result of a mediation and arbitration procedure shall be binding on the agency's decision- making instances.
Amendment 189 #
Proposal for a regulation
Article 1 – paragraph 1 – point 125
Article 1 – paragraph 1 – point 125
Regulation (EC) No 207/2009
Article 163 – paragraph 5
Article 163 – paragraph 5
5. A delegated act adopted pursuant to Articles 24a, 35a, 45a, 49a, 57a, 65a, 74a, 74k, 93a, 114a, 144a and 161a shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 24 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.';