Activities of Christian ENGSTRÖM related to 2011/0137(COD)
Plenary speeches (1)
Customs enforcement of intellectual property rights (debate)
Shadow reports (2)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 PDF (134 KB) DOC (68 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council concerning customs enforcement of intellectual property rights PDF (559 KB) DOC (824 KB)
Amendments (64)
Amendment 30 #
Proposal for a regulation
Recital 4
Recital 4
(4) The customs authorities should be able to control goods, which are or should have been subject to customs supervision in the customs territory of the Union, with a view to enforcing intellectual property rights. Enforcing intellectual property rights at the border, wherever the goods are, or should have been, under ‘customs supervision’ as defined by Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, makes good use of resources. Where goods are detained by customs at the border, one legal proceeding is required, whereas several separate proceedings would be required for the same level of enforcement for goods found on the market, which have been disaggregated and delivered to retailers. An exception should be made for goods released for free circulation under the end- use regime, as such goods remain under customs supervision, even though they have been released for free circulation. It is also appropriateessential not to apply the Regulation to goods carried by passengers in their personal luggage as long as thesre goods are for their own personal use and there are no indicationare no indications on the basis of the applicable legal procedures that a commercial trafficpurpose is involved.
Amendment 31 #
Proposal for a regulation
Recital 5
Recital 5
(5) Regulation (EC) No 1383/2003 does not cover certain intellectual property rights and excludes certain infringements. In order to strengthen the enforcement of intellectual property rights, customs control should therefore be extended to other types of infringements, such as infringements resulting from parallel trade, as well as other infringements of rights already enforced by customs authorities but not covered by Regulation (EC) No 1383/2003. For the sameis purpose it is appropriate to include in the scope of this Regulation, in addition to the rights already covered by Regulation (EC) No 1383/2003, trade names in so far as they are protected as exclusive property rights under national law, topographies of semiconductor products, utility models and devicesparticular devices designed to circumvent technological protection measures (TPMs), as well as any exclusive intellectual property right established by Union legislation.
Amendment 32 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to ensure the swift enforcement of intellectual property rights, it should be provided that, where the customs authorities suspect, on the basis of adequate evidenceindications resulting from the applicable legal procedures, that goods under their supervision infringe intellectual property rights, those customs authorities may suspend the release or detain the goods whether at their own initiative or upon application, in order to enable the persons entitled to submit an application for action of the customs authorities to initiate proceedings for determining whether an intellectual property right has been infringed.
Amendment 33 #
Proposal for a regulation
Recital 13
Recital 13
(13) In order to reduce to the minimum the administrative burden and costs, without prejudice to the end-consumer's right to be duly informed within a reasonable time of the legal basis for the actions taken by the customs authorities, a specific procedure should be introduced for small consignments of counterfeit and pirated goods, which would allow for goods to be destroyed without the agreement of the right-holder. In order to establish the thresholds under which consignments are to be considered as small consignments, this Regulation should delegate to the Commission the power to adopt non- legislative acts of general application in accordance with Article 290 of the Treaty on the Functioning of the European Union. It is of importance that the Commission carries out appropriate and public consultations during its preparatory work, including with consumer and civil rights organisations and at expert level.
Amendment 34 #
Proposal for a regulation
Recital 16
Recital 16
(16) Taking into account the provisional and preventive character of the measures adopted by the customs authorities in this field and the conflicting interests of the parties affected by the measures, some aspects of the procedures should be adapted to ensure a smooth application of the Regulation, whilst respecting the rights of the concerned parties. Thus, with respect to the various notifications envisaged by this Regulation, the customs authorities should notify the most appropriate person, on the basis of the documents concerning the customs treatment or of the situation in which the goods are placed. The periods laid down in this Regulation for the required notifications should be counted from the time those are sent by the customs authorities in order to align all periods of notifications sent to the concerned parties. The period allowing for a right to be heard before an adverse decision is taken should be three working days, given that the holders of decisions granting applications for action have voluntarily requested theIn the case of the specific procedure for small consignments, where consumers are likely to be directly concerned and cannot be expected to have the same level of diligence as other economic operators usually involved in the accomplishment of customs authorformalities, to take action and that the declarants or holders of the goods must be aware of the particular situation of their goods when placed under customs supervision. In the case of the specific procedure for small consignments, where consumers are likely to be directly concerned and cannot be expected to have the same level of diligence as other economic operators usually involved in the accomplishment ofhe right to be duly informed within a reasonable time of the legal basis for the actions taken by the customs authorities, as well as the right to be heard before an adverse decision is taken by the customs formalauthorities, that period should be significantly extendshould be established.
Amendment 35 #
Proposal for a regulation
Article 2 – point 1 – point e
Article 2 – point 1 – point e
Amendment 36 #
Proposal for a regulation
Article 2 – point 6
Article 2 – point 6
(6) ‘pirated goods’ means goods which are subject of an action infringing a copyright or related right oracquired by acts of piracy as design and which are or contain copies made without the consent of the holder of a copyright or related right or a design, regardless of whether it is registered, or of a person authorised by that holder in the country of productionfined by Article 101 et seq. of the United Nations Convention on the Law of the Sea;
Amendment 37 #
Proposal for a regulation
Article 2 – point 7 – introductory wording
Article 2 – point 7 – introductory wording
(7) ‘goods suspected of infringing an intellectual property right’ means goods with regard to which there isare adequate evidenceindications on the basis of the applicable legal procedures to satisfy customs authorities that, in the Member State where these goods are found, are prima facie:
Amendment 38 #
Proposal for a regulation
Article 2 – point 7 – point b
Article 2 – point 7 – point b
(b) particular devices, products or components whichdesigned to circumvent technological protection measures (TPMs) in any technology, device or component that,, and which in the normal course of itstheir operation, prevents or restrictserform acts in respect of works which are not authorised by the right-holder of anprotected by copyright or rights related to copyright and which infringe an intellectual property right under the law of that Member sState;
Amendment 39 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) intellectual property collective rights management bodies which are regularly recognised as having a right tolawfully representing holders of copyrights or related rights;
Amendment 40 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) professional defence bodies which are regularly recognised as having a right tolawfully representing holders of intellectual property rights;
Amendment 41 #
Proposal for a regulation
Article 12
Article 12
Amending the decision with regard to intellectual property rights The competent customs department that adopted the decision granting the application may, at the request of the holder of that decision, modify the list of intellectual property rights in that decision. In the case of a decision granting a Union application, any modification consisting in adding intellectual property rights shall be limited to those intellectual property rights covered by Article 5.rticle 12 deleted
Amendment 42 #
Proposal for a regulation
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. When adopting a decision to suspend the release of the goods or to detain them, in the case of small consignments, the customs authorities shall within a reasonable time duly inform the end- consumer of the legal basis for the actions taken by them.
Amendment 43 #
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. When adopting a decision to suspend the release of the goods or to detain them, in the case of small consignments, the customs authorities shall within a reasonable time duly inform the end- consumer of the legal basis for the actions taken by them.
Amendment 62 #
Proposal for a regulation
Recital 2
Recital 2
(2) The marketing of goods infringing intellectual property trademark rights and copyrights does considerable damage to right-holders, law- abiding manufacturers and traders. It is also deceiving consumers, and could in some cases endanger their health and safety. Such goods should, in so far as is possible, be kept off the market and measures should be adopted to deal with this unlawful activity without impeding legitimate trade.
Amendment 64 #
Proposal for a regulation
Recital 3
Recital 3
(3) The review of Regulation (EC) No 1383/2003 showed that certain improvements to the legal framework were necessary to strengthen the enforcement of selected intellectual property rights, particularly trademark and copyright, as well as to ensure appropriate legal clarity, thereby taking into account developments in the economic, commercial and legal areas. That review also showed that border measures should not be applicable to other intellectual property rights, particularly patents and supplementary protection certificates for medicinal products where proper determination of infringement is dependent on highly technical judicial proceedings. Likewise, it was determined that border measures should not be applied to goods-in-transit.
Amendment 67 #
Proposal for a regulation
Recital 4
Recital 4
(4) The customs authorities should be able to control goods, which are or should have been subject to customs supervision in the customs territory of the Union, with a view to enforcing intellectual property trademark rights and copyrights. Enforcing such intellectual property rights at the border, wherever the goods are, or should have been, under ‘'customs supervision’' as defined by Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, makes good use of resources. Where goods are detained by customs at the border, one legal proceeding is required, whereas several separate proceedings would be required for the same level of enforcement for goods found on the market, which have been disaggregated and delivered to retailers. An exception should be made for goods released for free circulation under the end- use regime, as such goods remain under customs supervision, even though they have been released for free circulation. It is also appropriateessential not to apply the Regulation to goods carried by passengers in their personal luggage as long as thesre goods are for their own personal use and there are no indicationare no indications on the basis of the applicable legal procedures that a commercial trafficpurpose is involved.
Amendment 71 #
Proposal for a regulation
Recital 5
Recital 5
(5) Regulation (EC) No 1383/2003 does not cover certain intellectual property rights and excludes certain infringements. In order to strengthen theensure efficient enforcement of intellectual property rights, customs control should therefore be extended to other types of infringements, such as infringements resulting from parallel trade, as well as other infringements of rights already enforced by customs authorities but not covered by Regulation (EC) No 1383/2003arget selected infringements. For the sameat purpose it is appropriate to include in the scope of this Regulation, in addition to the rights already covered by Regulation (EC) No 1383/2003, trade names in so far as they are protected as exclusive property rights under national law, topographies of semiconductor products, utility models and devices to circumvent technological measures, as well as any exclusive intellectual property right established by Union legislationparticular devices designed to circumvent technological protection measures (TPMs).
Amendment 73 #
Proposal for a regulation
Recital 8
Recital 8
(8) Any person, whether or not the holder of an intellectual property trademark right or copyright right, who is able to initiate legal proceedings in his/her own name with respect to a possible infringement of that right, should be entitled to submit an application for action by the customs authorities.
Amendment 74 #
Proposal for a regulation
Recital 9
Recital 9
(9) In order to ensure thateffective enforcement of intellectual property rights are enforced throughout the Union, it is appropriate to provide that, where a person entitled to submit an application for action seeks enforcement of an relevant intellectual property right covering the whole territory of the Union, that person may request the customs authorities of a Member State to take a decision requiring action by the customs authorities of that Member State and of any other Member State where enforcement of thesuch intellectual property right is sought.
Amendment 76 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to ensure the swifteffective and lawful enforcement of intellectual property rights, it should be provided that, where the customs authorities suspect, on the basis of adequate evidenceindications resulting from the applicable legal procedures, that goods under their supervision infringe relevant intellectual property rights, those customs authorities may suspend the release or detain the goods whether at their own initiative or upon application, in order to enable the persons entitled to submit an application for action of the customs authorities to initiate proceedings for determining whether ansuch intellectual property right has been infringed.
Amendment 79 #
Proposal for a regulation
Recital 11
Recital 11
(11) Where goods suspected of infringing intellectual property rights are not counterfeit or pirated goods, it may be difficult to determine upon mere visual examination by customs authorities whether another intellectual property right might be infringed. It is therefore appropriate to provide that proceedings should be initiated, unless the parties concerned, namely the holder of the goods and the right-holder, agree to abandon the goods for destruction. It should be for the competent authorities dealing with such proceedings to determine whether an relevant intellectual property right has been infringed and to take appropriate decisions concerning the infringements of intellectual property rights concerned.
Amendment 83 #
Proposal for a regulation
Recital 13
Recital 13
(13) In order to reduce to the minimum the administrative burden and costs, without prejudice to the end consumer's right to be duly informed within a reasonable time of the legal basis of the actions taken by the customs authorities, a specific procedure should be introduced for small consignments of counterfeit and pirated goods, which would allow for goods to be destroyed without the agreement of the right-holder. In order to establish the thresholds under which consignments are to be considered as small consignments, this Regulation should delegate to the Commission the power to adopt non- legislative acts of general application in accordance with Article 290 of the Treaty on the Functioning of the European Union. It is of importance that the Commission carries out appropriate and public consultations during its preparatory work, including with consumer and civil rights organisations and at expert level.
Amendment 88 #
Proposal for a regulation
Recital 15
Recital 15
(15) For further legal clarity and in order to protect the interests of legitimate traders from possible abuse of the border enforcement provisions, it is appropriate to modify the timelines for detaining goods suspected of infringing an relevant intellectual property right, the conditions in which information about consignments is to be passed on to right-holders by customs authorities, the conditions for applying the procedure allowing for destruction of the goods under customs control for suspected infringements of intellectual property rights other than for counterfeit and pirated goods and to introduce a provision allowing the holder of the goods to express his/her views before the customs administration takes a decision which would adversely affect him/her.
Amendment 93 #
Proposal for a regulation
Recital 16
Recital 16
(16) Taking into account the provisional and preventive character of the measures adopted by the customs authorities in this field and the conflicting interests of the parties affected by the measures, some aspects of the procedures should be adapted to ensure a smooth application of the Regulation, whilst respecting the rights of the concerned parties. Thus, with respect to the various notifications envisaged by this Regulation, the customs authorities should notify the most appropriate person, on the basis of the documents concerning the customs treatment or of the situation in which the goods are placed. The periods laid down in this Regulation for the required notifications should be counted from the time those are sent by the customs authorities in order to align all periods of notifications sent to the concerned parties. The period allowing for a right to be heard before an adverse decision is taken should be three working days, given that the holders of decisions granting applications for action have voluntarily requested theIn the case of the specific procedure for small consignments, where consumers are likely to be directly concerned and cannot be expected to have the same level of diligence as other economic operators usually involved in the accomplishment of customs authorformalities, to take action and that the declarants or holders of the goods must be aware of the particular situation of their goods when placed under customs supervision. In the case of the specific procedure for small consignments, where consumers are likely to be directly concerned and cannot be expected to have the same level of diligence as other economic operators usually involved in the accomplishment ofhe right to be duly informed within a reasonable time of the legal basis for the actions taken by the customs authorities, as well as the right to be heard before an adverse decision is taken by the customs formalauthorities, that period should be significantly extendshould be established.
Amendment 99 #
Proposal for a regulation
Recital 17
Recital 17
(17) Under the ‘'Declaration on the TRIPS Agreement and Public Health’' adopted by the Doha WTO Ministerial Conference on 14 November 2001, the TRIPS Agreement can and should be interpreted and implemented in a manner supportive of WTO Members' right to protect public health and, in particular, to promote access to medicines for all. In particular with regard to medicines the passage of which across this territory of the European Union, with or without transshipment, warehousing, breaking bulk, or changes in the mode or means of transport, is only a portion of a complete journey beginning and terminating beyond the territory of the Union, customs authorities should, when assessing a risk of infringement of intellectual property rights, take account of any substantial likelihood of diversion of these goods onto the market of the Union ensure that any measures taken by them are in line with the Union's international commitments. In particular, no detention of generic medicines should be allowed in the absence of clear and convincing evidence of imminent, intended entry onto the market of the Union, meaning intended sale to and consumption by Union residents.
Amendment 110 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation sets out the conditions and procedures for action by the customs authorities where goods suspected of infringing anthe specific intellectual property rights defined in Article 2 are, or should have been, subject to customs supervision within the customs territory of the Union.
Amendment 111 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Regulation shall not apply to goods-in-transit, meaning products passing across the territory of the Union, with or without transshipment, warehousing, breaking bulk, or changes in the mode or means of transport, for which transit through the Union is only a portion of a complete journey beginning and terminating beyond the territory of the Union.
Amendment 114 #
Proposal for a regulation
Article 2 – point 1 – point e
Article 2 – point 1 – point e
Amendment 115 #
Proposal for a regulation
Article 2 – point 1 – point f
Article 2 – point 1 – point f
Amendment 116 #
Proposal for a regulation
Article 2 – point 1 – point g
Article 2 – point 1 – point g
Amendment 117 #
Proposal for a regulation
Article 2 – point 1 – point h
Article 2 – point 1 – point h
Amendment 118 #
Proposal for a regulation
Article 2 – point 1 – point i
Article 2 – point 1 – point i
Amendment 119 #
Proposal for a regulation
Article 2 – point 1 – point j
Article 2 – point 1 – point j
Amendment 120 #
Proposal for a regulation
Article 2 – point 1 – point k
Article 2 – point 1 – point k
Amendment 122 #
Proposal for a regulation
Article 2 – point 1 – point l
Article 2 – point 1 – point l
Amendment 124 #
Proposal for a regulation
Article 2 – point 1 – point m
Article 2 – point 1 – point m
Amendment 131 #
Proposal for a regulation
Article 2 – point 5 – point a
Article 2 – point 5 – point a
(a) any goods which are subject of an action infringing a trade mark and, including packaging, bearing 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 which thereby infringes the rights of the owner of the trademark in question in the country of import;
Amendment 138 #
Proposal for a regulation
Article 2 – point 6
Article 2 – point 6
(6) ‘pirated copyright goods’ means any goods which are subject of an action infringing a copyright or related right or a design and which are or contain copies made without the consent of the holder of a copyright or related right or a design, regardless of whether it is registered, or of a person authorised by that holder incopies made without the consent of the right holder in the country of production and which are made directly or indirectly from an article where the making of that copy would have constituted an infringement of a copyright or related right under the law of the country of producimportation;
Amendment 141 #
Proposal for a regulation
Article 2 – point 7 – introductory part
Article 2 – point 7 – introductory part
(7) ‘goods suspected of infringing an intellectual property right’ means goods with regard to which there isare adequate evidenceindications on the basis of the applicable legal procedures to satisfy customs authorities that, in the Member State where these goods are found, are prima facie:
Amendment 145 #
Proposal for a regulation
Article 2 – point 7 – point a
Article 2 – point 7 – point a
(a) goods which are subject of an action infringing an intellectual property rightcounterfeit trademark goods or pirated copyright goods which are subject of an action under the law of the Union or of that Member State;
Amendment 146 #
Proposal for a regulation
Article 2 – point 7 – point b
Article 2 – point 7 – point b
(b) particular devices, products or components whichdesigned to circumvent technological protection measures (TPMs) in any technology, device or component that, and which in the normal course of itstheir operation, prevents or restrictserform acts in respect of works which are not authorised by the right-holder of anprotected by copyright or rights related to copyright and which infringe an intellectual property right under the law of that Member state;
Amendment 149 #
Proposal for a regulation
Article 2 – point 12
Article 2 – point 12
(12) ‘holder of the goods’ means the person who is the owner of the goods or who has a similar right of disposal over them or who has physical control over them;
Amendment 152 #
Proposal for a regulation
Article 2 – point 13 a (new)
Article 2 – point 13 a (new)
(13a) 'small consignment' means a consignment that is not obviously imported for commercial purposes.
Amendment 154 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Without prejudice to Article 8 of Regulation (EC) No 864/200725, the law of the Member State where the goods are found in one of the situations referred to in Article 1(1) shall apply for the purpose of determining whether the use of those goods gives rise to suspicion of infringement of an intellectual property right or has infringed an intellectual property right. The law of the Member State may not be applied to goods-in-transit, unless there is clear and convincing evidence of imminent, intended entry onto the market of the Union, meaning intended sale to and consumption by Union residents. Under no circumstances shall a Member State apply a "manufacturing fiction" to determine the intellectual property status of the challenge goods.
Amendment 162 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) intellectual property collective rights management bodies which are regularly recognised as having a right tolawfully representing holders of copyrights or related rights;
Amendment 163 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) professional defence bodies which are regularly recognised as having a right tolawfully representing holders of intellectual property rights;
Amendment 164 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
A Union application may be submitted with respect to anythe intellectual property rights of Article 2 applying throughout the Union.
Amendment 170 #
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. The application and all information relevant to the identification of the goods by customs authorities, as well as for the analysis and assessment of the risk of infringement of the intellectual property right(s) concerned, as defined in points (g), (h) and (i) of the second subparagraph of paragraph 3, shall be made publicly accessible through a website.
Amendment 173 #
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Where an intellectual property right ceases to have effect or where the applicant ceases for other reasons to be the person entitled to submit an application, nothe applicant shall notify the customs authorities thereof and no further action shall be taken by the customs authorities. The decision granting the application shall be revoked or amended accordingly by the customs autohorities that granted the decision.
Amendment 174 #
Proposal for a regulation
Article 11 – paragraph 5 – subparagraph 2
Article 11 – paragraph 5 – subparagraph 2
Where an intellectual property right ceases to have effect or where the applicant ceases for other reasons to be the person entitled to submit an application, nothe applicant shall notify the customs authorities thereof and no further action shall be taken by the customs authorities. The decision granting the extension shall be revoked or amended accordingly by the customs authorities that granted the decision.
Amendment 175 #
Proposal for a regulation
Article 12
Article 12
Amendment 176 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Once the central database of the Commission referred to in Article 31(3) is in place, all exchanges of data on decisions concerning applications for action, accompanying documents and notifications between the customs authorities of the Member States shall be made publicly available via that database.
Amendment 177 #
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
The holder of the decision granting the application shall notify within five working days the competent customs department that adopted that decision of any of the following:
Amendment 188 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Before adopting the decision of suspension of release or detention of the goods, the customs authorities shall, communicate their intention to the declarant or, in cases where goods are to be detained, the holder of the goods. The declarant or the holder of the goods shall be given the opportunity to express his/her views within threfive working days of dispatch of that communication.
Amendment 191 #
Proposal for a regulation
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. When adopting a decision to suspend the release of the goods or to detain them, in the case of small consignments, the customs authorities shall within a reasonable time duly inform the end- consumer of the legal basis for the actions taken by them.
Amendment 198 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Before adopting a decision to suspend the release of the goods or to detain them, the customs authorities shall communicate their intention to the declarant or, in cases where goods are to be detained, to the holder of the goods. The declarant or the holder of the goods shall be given the opportunity to express his/her views within threfive working days of dispatch of that communication.
Amendment 200 #
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. When adopting a decision to suspend the release of the goods or to detain them, in the case of small consignments, the customs authorities shall within a reasonable time duly inform the end- consumer of the legal basis for the actions taken by them.
Amendment 215 #
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Where goods other than those covered by Articles 23 and 24 are suspected of infringing an intellectual property right, the holder of the decision granting the application shall initiate proceedings to determine whether an intellectual property right has been infringed within 10 working days of dispatch of the decision to suspend the release of the goods or to detain them.
Amendment 219 #
Proposal for a regulation
Article 21 – paragraph 1 – subparagraph 1
Article 21 – paragraph 1 – subparagraph 1
Where the customs authorities have been notified of the initiation of proceedings to determine whether a design, patent, utility model or plant variety right has been infringed and the period provided for in Article 20 has expired, the declarant or holder of the goods may request the customs authorities to release the goods or put an end to their detention.
Amendment 220 #
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. Goods abandoned for destruction under Articles 20, 23 or 24 shall not be:
Amendment 222 #
Proposal for a regulation
Article 23
Article 23
Amendment 233 #
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) goods suspected of being counterfeit or piratrademark goods or pirated copyrighted goods;
Amendment 251 #
Proposal for a regulation
Article 28 a (new)
Article 28 a (new)
Article 28a Penalties imposed on applicants Applicants who repeatedly submit applications concerning the alleged intellectual property rights violations that prove to be false in the majority of cases over a period of two years shall lose the right to submit applications for a fixed period. Member States shall lay down rules on penalties applicable to those applicants. The penalties provided for must be effective, proportionate and dissuasive.