Activities of Lidia Joanna GERINGER DE OEDENBERG related to 2014/2151(INI)
Plenary speeches (1)
Intellectual property rights: an EU action plan (short presentation) PL
Legal basis opinions (0)
Amendments (20)
Amendment 1 #
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to Article 17 of the Charter of Fundamental Rights of the European Union,
Amendment 4 #
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
8a. - having regard to the Commission’s plan to create a single EU digital market and to Parliament’s resolution of 20 April 2012 on a competitive digital single market;
Amendment 10 #
Motion for a resolution
Recital A
Recital A
A. whereas the creation of a single EU digital market and intellectual property rights are one of the driving forces of innovation and creativity and a key contributor to competitiveness and employment; whereas the enforcement of intellectual property rights plays a significant role in ensuring consumers’ health and safety; whereas counterfeiting is generally linked with a black economy;
Amendment 15 #
Motion for a resolution
Recital B
Recital B
B. whereas the EU faces a high number of intellectual property rights infringements, and whereas the volume and financial value of these infringements are alarming, as reported by the Commission in its report on the application of the Directive on the enforcement of intellectual property rights (COM(2010)0779); in spite of the small reduction in the number of packages suspected of infringing intellectual property rights, customs authorities noted as many as 87 000 incidents of such abuses in 2013, while the value of the 36 million articles seized is estimated at more than EUR 768 million;
Amendment 22 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. - whereas the placing on the market of goods that are counterfeit, uncertified and not in compliance with EU standards may be harmful to consumers' health and lives;
Amendment 27 #
Motion for a resolution
Recital D
Recital D
D. whereas there is a certain level of tolerance among Europeans for the idea that IPR infringements could be considered legitimate, especially among the young generation8 and entrepreneurial start-up companies; __________________ 8 See OHIM Report ‘European Citizens and intellectual property: perception, awareness and behaviour’, November 2013.
Amendment 30 #
Motion for a resolution
Recital D
Recital D
D. whereas there is a certain level of tolerance among Europeans for the idea that IPR infringements could be considered legitimate, especially among the young generation8, due to a lack of suitable knowledge of the rights they enjoy and the rules that they should not break; __________________ 8 See OHIM Report ‘European Citizens and intellectual property: perception, awareness and behaviour’, November 2013.
Amendment 33 #
Motion for a resolution
Recital E
Recital E
E. whereas there is a need to redouble efforts to combat the illegal trade in counterfeit goods, and no one should make a profit out of IPR infringements;
Amendment 36 #
Motion for a resolution
Recital F
Recital F
F. whereas law enforcement is essential with regard to the foreseeability of the law, and whereas it is of the utmost importance to find effective, proportionate and dissuasive means of enforcing IPR;
Amendment 51 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that all actors in the supply chain have a role to play in the fight against IPR infringement and should be involved in this process; stresses that an approach involving all actors should be developed both in the online and in the offline context; believes that fundamental rights need to be balanced for this to be successful as measures that impact fundamental rights cannot be undertaken voluntarily by commercial operators, but need a legal basis and judicial oversight;
Amendment 61 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the approach of depriving IPR infringers of their revenues by means of agreements between right-holders and their partners; supports the elaboration of memoranda of understanding as soft-law measures to fight against counterfeiting and piracy, and supports the idea of developing such measures further among stakeholders; reminds the Commission that it is precluded by the 2003 Inter-Institutional Agreement8afrom supporting self- and co- regulatory mechanisms where fundamental rights, such as the right to freedom of expression, are at stake; __________________ 8aThe Inter-Institutional Agreement on Better Law-Making between the European Parliament, the Council and the Commission (2003/C 321/01)
Amendment 64 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the approach taken by the Commission to develop targeted awareness campaigns; believes that it is essential that the concrete consequences of IPR infringements for society as a whole, and for consumers and citizens individually, should be understood by all; believes that consumers should be better informed of what IPR consist of, and what can be done or not done with protected goods and content as foreseeability of the law is a precondition for its respect; calls on the Commission and the Member States to further develop awareness actions aimed at specific audiences and relevant markets;
Amendment 73 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Believes at the same time that consumers should be better able to identify infringing offers so that they can decide not to proceed with a given purchase; deplores the fact that the Commission’s action plan does not include any action designed to improve consumers’ ability to identify infringing goods and contents, and calls on the Commission and the Member States to reflect further on the development of specific tools, including labelling, based on the experiences gathered by the Commission and the European Observatory on Counterfeiting and Piracy, especially with regard to the sharing of best practices;
Amendment 76 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Insists on the need to coordinate initiatives and campaigns in all Member States in order to avoid duplication of work and ensure coherence and efficiency;
Amendment 87 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Takes the view as well that opportunities for infringement should not be created, and that business models should be reconsidered by the industry in certain sectors; feels, furthermore, that adequate safeguards should be taken in respect of copyright-protected goods;
Amendment 91 #
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Takes the view that extensive intermediary liability regimes threatens the development of new business models and a free and open internet;
Amendment 94 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the Commission’s declared intention to support SMEs in enforcing their IPR through improving accessible ways of civil redress in order to better fight market abuse from larger competitors and, in particular, to further assess SMEs’ needs for future EU action;
Amendment 97 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Insists on the need to take into account SMEs when drafting legislation, and reiterates that the ‘think small first’ principle should be applied at all times, in particular with regards to clarifying which achievements constitute patentable subject matter;
Amendment 111 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the publication of the Commission’s report on the application of the IPR Enforcement Directive9, while noting that only limited conclusions can be drawn in some respects owing to the late transposition of the directive by some Member States; calls on the Commission to provide further analysis of the impact of the directive, in particular on innovation and on the development of the information society, as required by its Article 18(1) and as called for by Parliament in its resolution of 22 September 2010; __________________ 9recalls, however, that a number of other aspects of enforcing intellectual property rights were identified by the Commission, such as the role of intermediaries in combating infringements, which could also prove useful in the fight against abuses; __________________ 9 COM(2010) 779. COM(2010) 779.
Amendment 119 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Insists onthat the important role played by customs and international cooperation in the fight against IPR infringement in cross- border trade must not undermine global public health targets and trade in generic medicines;