Activities of Niklas NIENASS related to 2021/2007(INI)
Shadow opinions (1)
OPINION on an intellectual property action plan to support the EU’s recovery and resilience
Amendments (11)
Amendment 1 #
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Recalls that intellectual property is a fundamental right, as enshrined in article 17 of the EU Charter of Fundamental Rights, and that it therefore shall be protected; recalls that according to the Universal Declaration of Human Rights, everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which they are the author;
Amendment 4 #
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises the paramount importance of ‘intangible assets’ and intellectual property (IP)-intensive industries in the economic recovery and resilience of the EU in the aftermath of the COVID-19 pandemic; underlines the need to protect these by law, allowing creatorauthors, performers and all creators of cultural works to benefit from their intellectual property rights (IPRs);
Amendment 8 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls that everyone has the right to participate freely in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits; highlights in this spirit the importance of accessibility, irrespective of socio-economic backgrounds and circumstances, of cultural works also in the digital era in order to preserve user rights and the public domain;
Amendment 13 #
1 b. Recognizes the importance of ensuring equal opportunities for citizens to have access to education and culture, including cultural education, under the conditions created by the pandemic; Recognizes the opportunities for improving such access created by increasing digitization in the cultural and educational sectors and encourages the Member States to quickly and completely transpose the provisions of the Copyright Directive aimed at improving access to online education and digitized cultural heritage;
Amendment 16 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Urges the Member States to support cultural heritage institutions and educational institutions to make full use of the opportunities of digitization, inter alia developing public digital infrastructures for digital education and access to digitized cultural heritage without relying on the services of intermediaries whose business models are based on the extraction of personal data from European Citizens;
Amendment 21 #
Draft opinion
Paragraph 2
Paragraph 2
2. Asks the Member States to ensure that companies from the cultural and creative sectors, especially content producers, are encouraged to acquire IPRs on their creations and improve their position in competitive markets; outlines that companies who own IPRs have 20 % higher revenue, improving their ability to access previously untapped highly competitive markets1 ; _________________ 1 European Union Intellectual Property Office Observatory, ‘Impact of intellectual property rights intensive industries in the European Union’, IP Contribution, four EU-wide studies on the contribution of intellectual property rights (IPRs) to the EU economy, 2021. https://euipo.europa.eu/ohimportal/en/we b/observatory/ip-contribution#., without neglecting authors' and performers' rights, and improve their position in competitive markets;
Amendment 26 #
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the challenges that SMEs face in acquiring registered IPRs and notes with concern the fragmentation of the European IP system, in particular the need for parallel litigations in multiple EU countries; calls for the process which is hindering the development of enterprises, in particular SMEs, in their ability to engage efficiently in the research and innovation process on the basis of a more level playing field with large competitors as well consumer's access to innovative and safe products; calls for the process to address the need for parallel litigations in multiple EU countries, to become more streamlined and straightforward and for SMEs to be equipped with accurate information to facilitate the IPR acquisition process and to be informed of the benefits of IPRs for their commercial competitiveness;
Amendment 29 #
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the Commission’s commitment to support the full and timely transposition of the two copyright framework directives; notes that the Commission is putting special emphasis on the implementation of Article 17 of the Copyright Directive2 and strongly supports its plans for issuing implementation guidelines for Member States; urges Member States to quickly and completely transpose the directives into their national legislationregrets, however, that the Commission only published the guidelines three days before the deadline for implementation; condemns that most Member States failed to implement the Copyright Directive on time before the deadline of 7 June 2021; therefore urges Member States to take the Commission's guidance into account and to quickly and completely transpose the directives into their national legislation without any further delay; emphasizes the role the Copyright Directive can play to boost the recovery and resilience of the Cultural and Creative Sectors and make creators come out of the crisis stronger; _________________ 2Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC, OJ L 130, 17.5.2019, p. 92.
Amendment 34 #
4 a. Stresses the importance of the overarching principle of fair and proportionate remuneration for authors and performers provided in Article 18 of the 2019 Copyright Directive; recommends Member States to equip audiovisual authors with effective remuneration mechanisms that generate revenues for the exploitation of their works on all media, including online; recommends that the Commission updates the IP chapters of EU trade agreements to include Article 18 of the Copyright Directive to showcase the EU model of authors’ rights which values the IPR of the authors and their right to receive on- going remuneration for the exploitation of their works on all media;
Amendment 42 #
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights the ongoing problems faced by creators, artists and cultural sector workers with regard to copyright and related rights; notes with great concern that they continue to be pressured into unfavourable contracts, giving up the rights to their intellectual property without receiving justappropriate and proportionate remuneration for their creative work; stresses that Member States must ensure that sufficient protection is put in place to prevent loss of IPRs by authors and cultural sector workers across the EU.
Amendment 46 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Highlights the ongoing challenges faced by those who learn and teach or do research due to the emergency closure of the physical premises of educational establishments, research organizations, libraries and archives; notes with great concern the lack of cross-border rules covering distance learning and other remote activities carried out outside the Union, under the responsibility of institutions established in the European Union; urges the Member States to address this issue at the international level;