Activities of Christian ENGSTRÖM related to 2013/0089(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council to approximate the laws of the Member States relating to trade marks (recast) PDF (431 KB) DOC (516 KB)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council to approximate the laws of the Member States relating to trade marks (Recast)
Amendments (11)
Amendment 19 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 21 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 24 #
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12 a Freedom of expression Nothing in this Directive 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 10. 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 44 #
Proposal for a directive
Recital 19
Recital 19
(19) 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 trade mark only if and to the extent that the main function of the 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 48 #
Proposal for a directive
Recital 22
Recital 22
(22) 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 Member StateUnion 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 50 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) 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 51 #
Proposal for a directive
Recital 23
Recital 23
Amendment 78 #
Proposal for a directive
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 81 #
Proposal for a directive
Article 10 – paragraph 5
Article 10 – 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 Member State where the trade mark is registeredUnion 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 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 88 #
Proposal for a directive
Article 14 a (new)
Article 14 a (new)
Article 14 a Limitation of the rights conferred by a trade mark Nothing in this directive 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 10. 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 91 #
Proposal for a directive
Article 18 a (new)
Article 18 a (new)
Article 18 a 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 10.