Activities of Lidia Joanna GERINGER DE OEDENBERG related to 2009/2178(INI)
Legal basis opinions (0)
Amendments (34)
Amendment 4 #
Motion for a resolution
Citation (new)
Citation (new)
– having regard to the European Convention for the Protection of Human rights and Fundamental Freedoms and having regard to the legally binding character of the Charter of Fundamental Rights,
Amendment 7 #
Motion for a resolution
Recital A
Recital A
A. whereas violations of intellectual property rights (IPR), defined as any violation of any IPR, such as copyright, trade marks, designs or patents,commercial goods counterfeiting constitutes a genuine threat not only to consumer health and safety but also to our economies and societies,
Amendment 10 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas knowledge sharing and dissemination of innovation are strong traditions in the European Union; whereas access by the greatest possible number to technological progress and cultural products continues to be the foundation of education and development policy,
Amendment 14 #
Motion for a resolution
Recital C
Recital C
C. whereas data concerning the scale of IPR infringements are inconsistent, incomplete, insufficient and dispersed, and therefore do not provide a basis for any additional criminal legislative initiatives,
Amendment 17 #
Motion for a resolution
Recital F
Recital F
F. whereas the phenomenon of on-line piracy has assumed very alarming proportions, particularly for the creative content industries, and whereas the existing legal framework has proven incapable of effectively protecting rights- holders on the Internet andre are no reliable and independent data as to the impact of on- line IPR infringements, and whereas the existing legal framework needs to be clarified to ensure the balance between all the interests at stake, including those of consumers,
Amendment 20 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas efforts to tackle on-line non- commercial file sharing have created a strong and prejudicial antagonism between the creative industries and their public, and it is therefore necessary to explore new ways of creating synergy between the rights of the public and the revenues of authors and creators,
Amendment 26 #
Motion for a resolution
Recital G
Recital G
G. whereas, with the exception of legislation on penalties under the criminal law, a Community legal framework already exists with regard to the phenomenon of counterfeiting and piracy of physical goods, but whereas lacunae persist with regard to the trade of counterfeit goods over the Internet piracy,
Amendment 30 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the telecoms regulatory framework has recently been amended, rejecting proposals for so-called graduated response schemes at EU level, and instead includes provisions for standardised public interest notices which can address, among other things, copyright and infringement thereof without jeopardising data protection and privacy rights and stresses the need to respect fundamental rights in matters relating to Internet access,
Amendment 32 #
Motion for a resolution
Recital J
Recital J
J. whereas there are proven connections between various forms of organised crime and IPR infringements, in particular counterfeiting and piracy,
Amendment 41 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Views as regrettable the fact that the Commission links the terms ‘piracy’ and ‘counterfeiting’ in its communication, thereby creating a legal grey area with regard to the offence being referred to;
Amendment 43 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Wonders about the accuracy of the word ‘piracy’ as used to designate the non-commercial exchange of content on line, which leads to a de facto criminalisation of millions of European citizens, particularly young people;
Amendment 44 #
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
Amendment 45 #
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Recalls that an exception to IPRs exists in the cultural area: the ‘private copy’; calls on the Commission to retain this exception and to adapt it to new technological progress and the internet; stresses the potential usefulness of authorising sharing between individuals of copies for non-commercial use and linking them to new mutualised forms of funding for creative endeavour;
Amendment 46 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to urgently presentpropose a comprehensive IPR strategy addressing all aspects of IPRs, including their enforceon IPR which will remove obstacles to creating a single market in the online environment and adapt the European legislative framework in the field of IPR to current trends in society as well as to technical developments;
Amendment 49 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that any measures taken to enforce IPR must respect the European Convention for the Protection of Human Rights and Fundamental Freedoms, including Article 10, Article 8, and Article 6, and be necessary, proportionate, and appropriate within a democratic society;
Amendment 54 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. DoTakes not sharee of the Commission's certitudeview that the current civil enforcement framework in the EU is effective and harmonised to the extent necessary forcontributes to the proper functioning of the internal market and reminds the Commission that the report on the application of Directive 2004/48/EC is essential to confirm those claims;
Amendment 59 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Does not sShares the Commission view that the principal body of laws with respect to IPR enforcement is already in place; points out in this respect that negotiations on the directive on criminal sanctions have not been successfully concluded and calls on the Commission to put forward a new proposal on criminal sanctions under the Treaty of Lisbon for serious infringements committed by organized crime entities;
Amendment 60 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to ensure that the measures aimed at strengthening the application of intellectual property rights in the internal market do not impinge on the legitimate right to interoperability, this being essential to healthy competition on the digital works distribution market, inter alia for the authors and users of free software;
Amendment 61 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to put forward appropriate legislative proposals based on Article 118 of the TFEU which will address the issue of an effective EU patent system and will harmonise certain aspects of European Copyright Law;
Amendment 68 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Urges the Commission to guarantee that the Observatory obeys EU rules in the field of privacy and data protection;
Amendment 82 #
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 87 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Agrees with the Commission that additionalCautions against non-legislative measures are useful to improvegarding the application of IPR, particularly measures arising from as they may lead to the circumvention of legal safeguards, including those concernin-g depth dialogue among stakeholdersata protection and privacy;
Amendment 89 #
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 92 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that a number of factors have allowed this phenomenon to develop, particularly technological advances and the lack of legitimate offers; recalls however that this phenomenon constitutes a violation of IPR to which appropriate, urgent solutions need to be found, geared to the sector concerned and in compliance with fundamental rights;
Amendment 94 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that support for and development of the provision of a diversified, attractive, high-profile, legal range of goods and services for consumers may help to tackle the phenomenon, but recognises that this is not sufficient: piracy is today the biggest obstacle to the development of legal online offers and the EU runs the risk of condemning to failure efforts to develop the legitimate online market if it does not recognise that fact and make urgent proposals to address iwill ensure the development of a dynamic market for online creative content;
Amendment 99 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that all parties concerned, includingUrges the Commission to rethink the critical issue of intellectual property and to invite all those active in the sector, including in particular telecom operators and Internet service providers, musto join in the dialogue with stakeholders in order to find the appropriate solutions in the course of 2010; calls on the Commission, failing this, to submit a legislative proposal or to amend existing legislation, particularly Directive 2004/48/EC, so as to upgrade the Community legal framework in this field on the basis of national experiencesforces and seek solutions that are equitable for large and small stakeholders as much as for consumers, that guarantee fair, effective remuneration to all categories of rights holders, real choice for consumers, cultural diversity and respect for fundamental rights, including the right to data protection and privacy;
Amendment 101 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Asks the Commission to recognize the non-commercial file sharing associated with alternative reward systems, including the creation of a new exception or limitation to the making available and reproduction rights;
Amendment 104 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to think broadly about methods of facilitating industry’s access to the digital market without geographical borders by addressing urgently the issue of multi- territory licences where there is substantial demand from consumers, as well as an effective and transparent system for rights management, as this is a requirement for thewhich would complement the existing growth in services which are legal and which meet consumer demand for ubiquitous, instant and customised access to content;
Amendment 108 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Invites the Commission to adopt an open-ended approach to the proposals that have emerged regarding the recognition of online file sharing by producing comprehensive data regarding the economic aspects of mutualised funding schemes for creation based on non-market exchanges of digital content (such as the ‘creative contribution’ or ‘Kulturflatrate’);
Amendment 109 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses the need to ensure that any legislative measure should not restrict in any way the fundamental rights to data protection and privacy as recognised in EU law;
Amendment 112 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Supports steps taken by the Commission with a view to identifying the best ways to further improve the EU Customs Regulation which allows the detention of goods suspected of infringing IPRs and is, as such, one of the pillars of the Union legal framework designed to enforce IPRs, and calls on the Commission and Member States to ensure that the detention of goods whose illegality is not proven should be as short as possible to avoid illegitimately blocking international transfers of such goods when an overriding general interest, such as public health, is at stake in countries of destination;
Amendment 114 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to pursue innovative and upgraded cooperation between administrative departments and the various sectors of industry concerned, without prejudice to the traditional and legal distinction between the roles and competences of the law enforcement and judicial authorities and of the industry;
Amendment 116 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls on the Commission to step up its cooperation with priority third countries with regard to intellectual property and continue its effortspromote a balanced approach in the context of the negotiations on intellectual property under the auspices of the World Trade Organisation concerning intellectual property, particularly in the framework of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS);
Amendment 122 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses the importance of fighting organised crime in the area of IPRs, in particular counterfeiting and piracy; points out in this context the need for appropriate EU legislation on criminal sanctions and supports close strategic and operational cooperation between all the interested parties within the EU, in particular Europol, national authorities and the private sector, as well as with non-EU states and international organisations;