Activities of Carl SCHLYTER related to 2008/2133(INI)
Plenary speeches (2)
Impact of counterfeiting on international trade (A6-0447/2008, Gianluca Susta) (vote)
Impact of counterfeiting on international trade - Consumer protection aspects of counterfeiting (debate)
Amendments (27)
Amendment 4 #
Motion for a resolution
Recital C
Recital C
C. whereas serious infringements of intellectual property rights (IPR) are non- , if ignored systemically by trade partners, constitute de facto non-tariff trade barriers which make access to third-country markets more difficult and costly, especially for small and medium- sized enterprises (SMEs) of limited resources and means,
Amendment 7 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas a considerable share of counterfeit and pirated goods originates within the European Union,
Amendment 8 #
Motion for a resolution
Recital G
Recital G
G. whereas counterfeiting and piracy has alarming consequences for the EU economy and, whenever prevalent in specific sectors without being effectively tackled, lead to highly damaging effects for the Community social and economic system as a whole, with regard to reducing incentives to innovate, curbing foreign direct investment (FDI), eliminating skilled jobs from industry and laying the groundwork for the development of a hidden economic system, running parallel to the legal one and controlled by organised crime,
Amendment 10 #
Motion for a resolution
Recital H
Recital H
H. whereas counterfeiting causes serious damage to the environment, both because of the inadequacy of the quality standards of counterfeit goods and the high costs of disposing of and destroying themdestruction of seized goods,
Amendment 12 #
Motion for a resolution
Recital I
Recital I
I. whereas the single market ensures that European consumers can choose freely, transparently and safely which products to buy, and counterfeiting, unless appropriately curbed, can not only undermine the principle of confidence on which the entire system is based but can also pose serious risks to safety, and health, and in extreme cases, the very lives of consumers and it is thus necessary to better protect their rightst is thus necessary to better protect consumer rights and to listen to consumer associations in the fight against counterfeiting,
Amendment 13 #
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas appropriate consumer education in the target countries of counterfeit goods about their health and safety risks is the single most important measure to curb the phenomenon, whereas public campaigns against drug and nicotine use exemplify the need for public financial resources to be used in order to achieve this aim,
Amendment 16 #
Motion for a resolution
Recital J
Recital J
J. whereas the ongoexisting differences between the laws of the Member States on IPRs, particularly with regard to the criminal measures aimed at ensuring that they are respected, weaken the European Union’s negotiating position and may undermine the efforts hitherto made to suppress counterfeiting more effectively internationally,
Amendment 28 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes the view that the WTO system has ensured that IPRs are more widely recognised internationally, providing for minimuman agreed level of standards of protection through the Trade-Related Aspects of Intellectual Property Rights (TRIPS), dialogue between member states and with other institutions such as the World Intellectual Property Organization (WIPO) and the World Customs Organization (WCO), as well as a dispute prevention and settlement mechanism;
Amendment 30 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to persevere in the TRIPS Council to ensure that the minimum rules incorporated into national law are accompanied by effective enforcement measures and measures to prevent infringements, while preserving the legitimate use of TRIPS flexibilities to ensure access to medicines in developing countries;
Amendment 33 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on the Commission to makesupport every effort to strengthen and broaden the scope of the TRIPS agreement in order to extend it to export, transit and transhipment operations, as well as to all IPRs which have so far been excluded from the agreementat WTO level to review the TRIPS agreement which, among others, could have the effect of strengthening and broadening its scope in order to extend it to export, transit and transhipment operations, constantly bearing in mind the level of development of the parties involved and distinguishing between countries which produce counterfeit and pirated products, those which use them, and those through which the products transit;
Amendment 35 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to develop specific measures, backed up by appropriate financial coverage, in favour of more widespread consumer education in Europe and also in developing countries, in order to avert the risks relating to potentially dangerous counterfeit products, to the deterrent effect on FDI and to criminal and terrorist activities in those countries;
Amendment 39 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Points out that in several emerging economies, the production of counterfeit and pirated goods has reached alarming levels; whilst welcoming the cooperation initiatives hitherto implemented, is of the view that special measures are required in order to strengthen coordination between customs, judicial and police authorities, and to encourage the harmonisation of the laws of these countries with those of the European Un, especially, between consumer awareness organisations;
Amendment 45 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Reaffirms that any harmonisation of substantive law must respect national sovereignty and international treaties in this area, and that any such harmonisation is therefore beyond the mandate of trade negotiations and agreements, which have as their sole objective contributing to a mutually- beneficial reduction of tariff and non- tariff barriers to international trade;
Amendment 46 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to continue its fight against counterfeiting and piracy, in parallel with the multilateral negotiations, the appropriate multilateral forums, such as the TRIPS Council, the WIPO and the WCO, and also by means of bilateral, regional and multilateral agreementsinitiatives, with a view to approximating and enforcing laws, also by providing for the establishment of efficient dispute settlement systems and penalties in case of failure to comply with the obligations underwritten; underlines that any new agreement, such as ACTA, must aim at consolidating the existing multilateral framework rather then creating overlapping competences, contradictory standards or exclusive areas of competence;
Amendment 49 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Believes that international cooperation in actively promoting awareness and education of the general public on intellectual property rights policies should be the key focus for a successful fight against counterfeiting and piracy, with the goal to identify key audiences and create communication programmes to increase consumer and media awareness on the impact of intellectual property violations, including the risk to health and safety and the connection to organised crime;
Amendment 50 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Remains unconvinced about a strong emphasis on criminal sanctions, as envisioned in the ACTA negotiations, given the demand-side structure of counterfeit and piracy markets, which are inversely proportional to variations in consumer spending power; regards raising consumer awareness, the bolstering of spending power and the fight against corporate manipulation of price setting as far more effective tools in combating the root causes of counterfeiting and piracy;
Amendment 51 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to make all appropriate efforts to achieve a swift andnegotiate ACTA under conditions of the utmost transparency towards the EU citizens, especially with regard to the definitions of the terms "counterfeiting" and "piracy" and the measures of criminal sanctions foreseen, in order to achieve a satisfactory conclusion to the ACTA agreement; takes the view that not only is the entry into force of the agreement an essential international benchmark, but that it can ensure that counterfeiting is suppressed more effectively and provide an important tool for putting pressure on non-signatory third countri, if the criminal sanctions therein contained make full use of the common denominator of existing EU Member State legislation and respect the limited Community competence with regard to criminal measures;
Amendment 54 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Expresses its concern that the European legislative process could be undermined through negotiations by the Commission with third countries nominally but not substantially falling under the heading of trade, such as ACTA, and thus compromise the legislative competences of the European Parliament and the Council;
Amendment 55 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Stresses that in all envisaged IP enforcement agreements the personal use that is not for profit must be distinguished from the fraudulent and intentional marketing of counterfeit and pirated goods;
Amendment 59 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the growing interest shown by a number of WTO member countries in the ACTA and hopes that the agreement can be signed also bysuggests extending the period envisaged for negotiating ACTA, in order to allow China and other emerging countries, the economies of which are more directly concerned by counterfeiting, to decide to take full part in the negotiations of the agreement;
Amendment 62 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Expects the Commission to inform the Parliament regularly about the progress in ACTA negotiations, to forward to Parliament the proposals of participating countries and to consult Parliament before signing any final agreement;
Amendment 70 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recommends that an effective monitoring mechanism be introduced with regard to possible infringements of IPRs that are protected under the various agreements, coupled with trade incentive tools as part of a specific commitment to the fight against counterfeiting and piracy, such as including developing countries in the Generalised System of Preferences (GSP) or granting special treatment to emerging countries in the application of trade defence measuresfacilitation of custom procedures for trustworthy trade;
Amendment 77 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is of the view that the TBR can provide important assistance to European companies suffering from problems of third-country market access in relation to alleged intellectual property rights (IPR) infringements and of discriminatory enforcement of their rights under the respective jurisdictions, and calls on the Commission to encourage and facilitate its use, especially for SMEs;
Amendment 79 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission to redefine without delay its priorities regarding the human resources assigned to European Union delegations, with the aim of ensuring that a sufficient number of officials are specifically involved in the fight against counterfeiting; these resources, ideally to be incorporated into a ‘market access team’, should, in association with the diplomatic missions of the Member States, be responsible for projecting Community anti-counterfeiting measures more effectively and improving contact with the relevant local authorities, as well as beingmake the ‘market access team’ in the EU delegations a tangible point of reference for Community companies (in particular SMEs) complaining of IP infringements;
Amendment 80 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Notes the Commission’s commitment to combating counterfeiting and consolidating IP law in the European Union and calls for greater commitment in the suppress, in particular in relation tof counterfeiting and the harmonisation of existing laws in the Member Statepyright, Community trademarks and geographic indications;
Amendment 102 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission, in association with the Council and the Member States, to frame a policy that is clear, structured and ambitious, which, alongside internal customs and criminal measuresonsumer education, should coordinate and guide the ‘external’ actions of the European Union and its Member States in the fight against counterfeiting and piracy;
Amendment 105 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses the need for Parliament henceforth to be given a more central role in the fight against counterfeiting; considers it particularly advisable for its political presence to be promoted in specialist international meetings such as the Global Anti-counterfeiting and Piracy Congress, and in the international organisations involved in IP protection;