Activities of Christian ENGSTRÖM related to 2013/0088(COD)
Plenary speeches (1)
Community trade mark - Laws of the Member States relating to trade marks (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 207/2009 on the Community trade mark PDF (852 KB) DOC (971 KB)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council amending Council Regulation (EC) No 207/2009 on the Community trade mark
Amendments (12)
Amendment 24 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) 207/2009
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 26 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) 207/2009
Article 9 – paragraph 5
Article 9 – paragraph 5
Amendment 30 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) 207/2009
Article 12 a (new)
Article 12 a (new)
Nothing in this regulation shall limit the right of all persons, including legal persons, to publicly express themselves, through any means or media they choose, provided that they do not violate the rights afforded by Article 9. This includes, but is not limited to, expressions for the purposes of political or social commentary, teaching, scientific research, journalism, artistic expression, personal communication, criticism or review, comparisons of products or services, caricature, parody or pastiche.
Amendment 76 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to ensure legal certainty and clarity, it is necessary to clarify that not only in the case of similarity but also in case of an identical sign being used for identical goods or services, protection should be granted to a European trade mark only if and to the extent that the main function of the European trade mark, which is to guarantee the commercial origin of the goods or services, is adversely affected. When determining whether a trade mark is adversely affected, it is necessary to interpret this provision in the light of Article 11 of the Charter of Fundamental Rights of the European Union and Article 10 of the European Convention on Human Rights in order to guarantee the fundamental right of freedom of expression.
Amendment 81 #
Proposal for a regulation
Recital 18
Recital 18
(18) With the aim of strengthening trade mark protection and combatting counterfeiting more effectively, the proprietor of a registered European trade mark shouldall also be entitled to prevent all third parties from bringing goods, in the context of commercial activity, into the customs territory of the Union without being released for free circulation there, where such goods, including packaging, come from a third countriesy and bear without authorization a trade mark which is essentially identical to the European trade mark validly registered in respect of such goods. and which cannot be distinguished in its essential aspects from that trade mark. In order not to hamper the production, circulation and distribution of legitimate goods, this rule should only apply if the proprietor of the trade mark is able to demonstrate clear and documented evidence of a substantial risk of fraudulent diversion of the allegedly counterfeit goods into a Member State. The European Commission shall develop and implement guidelines for national customs authorities with clear indicators on how to establish such substantial risk of fraudulent diversion. The list of clear indicators shall reflect the importance of unrestricted trade in, inter alia, generic medicines, and shall be in line with prevailing CJEU case law.
Amendment 83 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Recognising that the main public health concern lies with the quality of the medicines and not with trade mark or other intellectual property enforcement and should be addressed by other measures, including regulation aimed at improving quality standards.
Amendment 84 #
Proposal for a regulation
Recital 19
Recital 19
Amendment 113 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 207/2009
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 117 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 207/2009
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The proprietor of a registered European trade mark shall also be entitled to prevent all third parties from bringing goods, in the context of commercial activity, into the customs territory of the Union without being released for free circulation there, where such goods, including packaging, come from a third countriesy and bear without authorization a trade mark which is essentially identical to the European trade mark validly registered in respect of such goods, or and which cannot be distinguished in its essential aspects from that trade mark. In order not to hamper the production, circulation and distribution of legitimate goods, this rule shall only apply if the proprietor of the trade mark is able to demonstrate clear and documented evidence of a substantial risk of fraudulent diversion of the allegedly counterfeit goods into a Member State. The European Commission shall develop and implement guidelines for national customs authorities with clear indicators on how to establish such substantial risk of fraudulent diversion. The list of clear indicators shall reflect the importance of unrestricted trade in, inter alia, generic medicines, and shall be in line with prevailing CJEU case law.
Amendment 122 #
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EC) No 207/2009
Article 12 a (new)
Article 12 a (new)
Amendment 126 #
Proposal for a regulation
Article 1 – paragraph 1 – point 23 a (new)
Article 1 – paragraph 1 – point 23 a (new)
Regulation (EC) No 207/2009
Article 23 a (new)
Article 23 a (new)
(23a) The following Article 23a is inserted: 'Article 23a Indemnification of the Importer and the Owner of the Goods Appropriate agencies shall have the authority to order a proprietor of a trade mark to pay the importer, the consignee and owner of the goods appropriate compensation for any injury caused to them through a wrongful detention of goods due to import restriction rights granted in Article 9.'
Amendment 178 #
Proposal for a regulation
Article 1 – paragraph 1 – point 108 a (new)
Article 1 – paragraph 1 – point 108 a (new)
Regulation (EC) No 207/2009
Article 139 – paragraph 2
Article 139 – paragraph 2
(108a) In Article 139, paragraph 2 is replaced by the following: 'The revenue and expenditure shown in the budget shall not show a deficit. Any surplus shall be integrated into the general budget of the European Union.'