4 Amendments of Anja WEISGERBER related to 2011/0137(COD)
Amendment 106 #
Proposal for a regulation
Recital 20
Recital 20
(20) Given that customs authorities take action upon prior application, it is appropriate to provide that the holder of the decision granting an application for action by the customs authorities should reimburse all the costs incurred by the customs authorities in taking action to enforce his/her intellectual property rights. Nevertheless, this should not preclude the holder of the decision from seeking compensation from the infringer or other persons that might be considered liable according to the legislation of the Member State concerned. However, haulage firms should, under certain circumstances, be made directly liable for all reasonable costs incurred by the customs authorities and rights holders when enforcing intellectual property rights. Costs and damages incurred by persons other than customs administrations as a result of a customs action, where the goods are detained on the basis of a claim of a third party based on intellectual property, should be governed by the specific legislation in each particular case.
Amendment 130 #
Proposal for a regulation
Article 2 – point 5 – point a
Article 2 – point 5 – point a
(a) gGoods, including packaging, which are subject of an action infringing a trade mark and bear without authorisation a trade mark identical to the trade mark validly registered in respect of the same type of goods, or which cannot be distinguished in its essential aspects from such a trade mark and therefore infringes the holder’s rights under the national law of the importing state;
Amendment 151 #
Proposal for a regulation
Article 2 – point 12 a (new)
Article 2 – point 12 a (new)
(12 a) ‘intermediary’ means a person who is involved in the transport of goods, such as an importer, haulier, recipient of goods, sender of goods or customs declarant, or freight operator;
Amendment 245 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Where requested by the customs authorities, the holder of the decision granting the application shall reimburse all costs incurred by the customs administration in keeping goods under customs supervision in accordance with Articles 16 and 17 and in destroying goods in accordance with Articles 20 and 23 and in intercepting goods, providing the intermediaries are not liable under Article 27(2)(b).