Activities of Christian ENGSTRÖM related to 2009/2178(INI)
Plenary speeches (1)
Enforcement of intellectual property rights in the internal market (short presentation)
Amendments (51)
Amendment 2 #
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomStresses the Commission's initiatives to enhance the enforcement of intellectual property rights and calls for the provision of long-term financing for the European Counterfeiting and Piracy Observatneed to avoid creating new parallel bureaucratic structures for tasks that can be handled by existing institutions, and urges the Commission to draft a report on how to best use Europol and existing structures for cooperation between customs authorities to combat effectively the phenomenon of counterfeiting, in order to avoid duplication of efforyt;
Amendment 2 #
Motion for a resolution
Citation (new)
Citation (new)
– having regard to the European Convention for the Protection of Human rights and Fundamental Freedoms,
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 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that commercial goods counterfeiting on the one hand, and on- line piracy on the other, are two different phenomena that should each be considered in its own right;
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 11 #
Draft opinion
Paragraph 2
Paragraph 2
2. Draws attention to the serious impact of the infringement of intellectual property rightsgoods counterfeiting on the internal market and therefore calls on the Commission to strengthen (and where appropriate review the effectiveness of) existing legislation, particularly with regard to the fight against the increase in counterfeit goods from third countries and against counterfeit goods that put consumer health at risk, particularly the health of young consumers;
Amendment 12 #
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas, on the other hand, the word ‘piracy’ does not relate to any recent legal reality, particularly in the cultural area, and whereas it cannot be used alone to designate an offence which has not been legally defined,
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 18 #
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to create the EU Certification LabelMark system, which would give a high level of protection for certification marks established at European or at national level, and common rules and a legal framework for certification, guarantee, quality and safety marks, and provide additional effective tools against counterfeited goods which abuse such certification marks;
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 21 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Notes that the EU Certification Mark system should provide additional protection going beyond that afforded by the collective Community Trade Marks and should be run by the Office for Harmonisation in the Internal Market;
Amendment 23 #
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for closer administrative cooperation and information exchange between supervisory authorities concerning the infringement of intellectual property rightsgoods counterfeiting;
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 29 #
Motion for a resolution
Recital H
Recital H
H. whereas the measures provided for by Directive 2004/48/EC on the enforcement of intellectual property rights on the internal market have not yet been assessed, from the point of view of the protection of rights or from the point of view of its effects on consumers’ rights,
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 33 #
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for proportionate measures to be proposed for effectively and successfully combating the negative impact of infringement of intellectual property rights in the digital environment (piracy) on the internal market and calls on the Observatory to analyse the impact of alternative systems of equitable compensation (for example, flat-rate licences)on the Commission to draw up the report on the application of Directive 2004/48/EC, including an assessment of the effectiveness of the measures taken and their compatibility with fundamental rights, as well as an evaluation of its impact on innovation and the development of the information society, in accordance with Article 18(1) of that Directive and, if necessary, to propose amendments;
Amendment 33 #
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the co-decision role of the European Parliament in commercial matters and its access to negotiation documents is guaranteed by the Lisbon Treaty,
Amendment 39 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the communication of 11 September 2009 from the Commission concerning additional non-legislative measures; regrets however that the communication does not deal with the completionwelcomes the progress made in the EU in harmonising the fight against counterfeiting; encourages the Commission to step up its efforts in areas that are sensitive in terms of the legislative frameworkalth and safety, including that of medicines;
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 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 50 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the Commission should take IPR aspecthe protection of fundamental rights into account in all its policies or legislative initiatives and consider these aspects in all processes relating to impact assessments where a proposal would have an impact on intellectual propertyfundamental rights;
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 57 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to draw up the report on the application of Directive 2004/48/EC, including an assessment of the effectiveness of the measures taken, their compatibility with fundamental rights, as well as an evaluation of its impact on innovation and the development of the information society, in accordance with Article 18(1) of that Directive and, if necessary, to propose amendments; calls for that report also to include an assessment of the ways to strengthen and upgrade the legal framework with respect to the Internetimpact of the directive on the digital market of creative content and consumers’ rights;
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 65 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that commercial goods counterfeiting on the one hand and on- line piracy on the other are two different phenomena that should each be considered in its own right;
Amendment 66 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Stresses the need to avoid creating new parallel bureaucratic structures for tasks that can be handled by existing institutions, such as Europol, forums for cooperation between customs authorities, and statistics-gathering bodies within the EU, in order to avoid duplication of effort;
Amendment 67 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. WelcomUrges the establishment of the Observatory as a tool for centralCommission to produce a report on how best to use Europol and exisation of statistics and data which will serve as a basis for proposals to be implementedng structures for cooperation between customs authorities to combat effectively the phenomenaon of counterfeiting and piracy, including on- line piracy;
Amendment 70 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Wishes the Observatory to become a tool for collecting and exchanging data and information on all forms of all IPR infringementsexisting statistics-gathering bodies to compile scientific research regarding counterfeiting and IPR regulation;
Amendment 71 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to clarify the tasks which are to be entrusted to the Observatoryenvisaged in its communication and stresses that the success of the Observatoryse actions largely depends on the involvement and cooperation of all stakeholders, including the national authorities, rights-holders, consumers' organisations and the industries concerned, in order to increase transparency and avoid duplication of effort;
Amendment 73 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to inform Parliament and the Council fully and comprehensively about the results of the Observatory's activities through annual reports in which the Commission draws conclusions and proposes solutions necessary to enhance the enforcement of IPRs;
Amendment 75 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the need to organise a campaign to raise awareness at European, national and local level of the risks to consumer health and safety arising from counterfeit products and also the adverse impact of counterfeiting and piracy on the economy and society;
Amendment 80 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on all parties concerned, including Internet service providers, on- line sales platforms, rights-holders and consumers' organisatiothe Member States to conduct awareness campaigns, with regard to piracy and the sale of counterfeit products on line, to establish a dialogue on practical measures to be adopted to alert people, such as brief, visible and relevant warning messageswhere applicable and appropriate by way of the public interest information mechanism provided for in the Citizens’ Rights Directive;
Amendment 82 #
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 84 #
Motion for a resolution
Title after paragraph 15
Title after 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 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 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 107 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to review the issue of cross-border management of rights and change the current situation of legal uncertainty created by Commission Recommendation 2005/737/EC of 18 October 2005 on collective cross-border management of copyrights, taking into account the fact that copyright is inherently territorial for cultural, traditional and linguistic reasons and ensuring a pan-European licensing system providing consumers with access to the widest possible choice of content and not at the expense of European local repertoire;
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 117 #
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 119 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to continue its efforts to furtherfully inform Parliament on the progress and outcome of the negotiations on the multilateral Anti-Counterfeiting Trade Agreement (ACTA) to improve the effectiveness of the IPR enforcement system against counterfeiting and to fully inform Parliament on the progress and outcome of the negotiationsand to ensure that the provisions of ACTA fully comply with the acquis communautaire on IPR and fundamental rights;
Amendment 120 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Reiterates its calls on the Commission to ensure that ACTA only concentrates on IPR enforcement measures and not on substantive IPR issues such as the scope of protection, limitations and exceptions, secondary liability or liability of intermediaries, and that ACTA is not used as a vehicle for modifying the existing European IPR enforcement framework;
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;