Procedure completed
2009/2178(INI) Enforcement of intellectual property rights in the internal market
Lead committee dossier: JURI/7/01257
Legal Basis RoP 052
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | IMCO | ROITHOVÁ Zuzana (PPE) | |
| Opinion | ITRE | RÜBIG Paul (PPE) | |
| Lead | JURI | GALLO Marielle (PPE) |
Legal Basis RoP 052
Activites
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2010/09/22
Results of vote in Parliament
- Results of vote in Parliament
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T7-0340/2010
summary
The European Parliament adopted by 328 to 245 votes with 81 abstentions a resolution on the enforcement of intellectual property rights in the internal market.in response to the Commission’s communication on the same subject. It regrets that that the Communication does not deal with the matter of completing the legislative framework by introducing a set of measures to combat intellectual property right (IPR) infringements in an effective manner.Members also recall that an exception to IPRs exists in the cultural area: the ‘private copy’.While Parliament welcomes the progress made in the EU in harmonising the fight against counterfeiting, it calls on the Commission to step up its efforts in areas that are sensitive in terms of health and safety, e.g. medicines. It also calls on it to present, by the end of 2010, a comprehensive IPR strategy addressing all aspects of IPRs, including their enforcement as well as their promotion in particular the role of copyright as an enabler and not an obstacle, helping creators earn a living and disseminating their works. This strategy would seek to remove obstacles to creating a single market in the online environment and adapt the European legislative framework in the field of IPRs to current trends in society, as well as to technical developments. In the light of the experiences undergone by rights-holders in some Member States, Parliament does not share the Commission's certitude that the current civil enforcement framework in the EU is effective and harmonised to the extent necessary for 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. Nor does it share the Commission's view that the principal body of laws with respect to IPR enforcement is already in place; pointing out in this respect that negotiations on the directive on criminal sanctions have not been successfully concluded. Parliament is of the opinion that the possibility of proceeding against infringers of intellectual property rights should be created in the European legal framework. It calls on the Commission to draw up a report on the application of Directive 2004/48/EC, including an assessment of the effectiveness of the measures taken, as well as an evaluation of its impact on innovation and the development of the information society. The Commission is urged to ensure that the measures aimed at strengthening the application of IPR 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.European Observatory on Counterfeiting and Piracy (‘the Observatory’): Members welcome the establishment of the Observatory as a tool for the centralisation of statistics and data which will serve as a basis for proposals to be implemented to combat effectively the phenomena of counterfeiting and online IPR infringements. They urge the Commission to produce a report on how best to use Europol and existing structures for cooperation between customs authorities in this field to combat criminal IPR infringements effectively.Recognising the importance of comprehensive and reliable information and data on all types of IPR infringements for the development of evidence-based and result-oriented policy making, Members want the Observatory to become a tool for collecting and exchanging data and information on all forms of all IPR infringements, including compiling scientific research on counterfeiting and IPR regulation.They invite the Commission to clarify the tasks to be entrusted to the Observatory and stress that the success of the Observatory largely depends on the involvement and cooperation of all stakeholders in order to increase transparency and avoid duplication of effort. They also call on the Commission to keep Parliament fully informed about the results of the Observatory’s activities through annual reports in which it draws conclusions and proposes solutions necessary to improve IPR law.Cultivating consumer awareness: Parliament calls on the Commission and the Member States, in association with the stake holders, 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 on-line IPR infringement on the economy and society. It emphasises the need to increase education and awareness, especially among young consumers, of the need to respect IPR. Members consider that pressure needs to be exerted on the industry to devise more payment facilities, in order to make it easier for consumers to buy legally offered content, so as to increase legal downloading in the EU.Tackling on-line infringement and protecting IPRs on the Internet: Members stress that the enormous growth of unauthorised file sharing of copyrighted works and recorded performances is an increasing problem for the European economy in terms of job opportunities and revenues for the industry as well as for government. A number of factors have allowed this phenomenon to develop, particularly technological advances and the lack of legal offers. This phenomenon constitutes a violation of IPRs to which appropriate, urgent solutions need to be found, geared to the sector concerned and in compliance with fundamental rights. Parliament states that development of the provision of a diversified, attractive, high-profile, legal range of goods and services for consumers may help to tackle the phenomenon of online infringement. It recognises that the lack of a functioning internal European digital market constitutes an important obstacle to the development of legal online offers and that 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 it. As well as pressure on the industry to come up with new payment facilities, the Commission is asked for specific legislation ensuring that private consumers who have legitimately received, for their own private use, reproductions of original products which are covered by protection under intellectual property rights are not required to demonstrate the legitimacy of those reproductions. It should be up to interested parties to prove any violation of rules under the protection of intellectual property rights.Members call on the Commission to:think broadly about methods of facilitating industry access to the digital market without geographical borders by addressing urgently the issue of multi-territory licences, where there is substantial demand from consumers, and the lack of harmonised legislation with regard to copyright, as well as an effective and transparent system for rights management; identify the particular problems and needs of SMEs, to develop measures to assist them in the fight against infringements of IPRs both in the EU and in third countries; 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. The international dimension and impact on the internal market: Members call on the Commission to:-step up its cooperation with priority third countries with regard to intellectual property and promote a balanced approach in the context of the negotiations on intellectual property under the auspices of the World Trade Organisation concerning intellectual property, particularly in the framework of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS);-ensure that the latter’s efforts to further the negotiations on the multilateral Anti-Counterfeiting Trade Agreement (ACTA) with a view to improving the effectiveness of the IPR enforcement system against counterfeiting are continued with full account being taken of the Parliament's position, in particular as expressed in its resolution of 18 December 2008 on the impact of counterfeiting on international trade. Noting that the biggest challenge for the internal market lies in combating infringements of intellectual property rights at the EU’s external borders and in third countries, Members call on the Commission to create more IP helpdesks in third countries (e.g. in India and Russia).Organised crime: stressing the importance of fighting organised crime in the area of IPRs, in particular counterfeiting and online IPR infringement, Parliament points to the need for appropriate EU legislation on proportional and fair sanctions and support close strategic and operational cooperation between all the interested parties within the EU, as well as with non-EU states and international organisationsIt should be noted that Parliament rejected two alternative resolutions tabled by the S&D, Greens/EFA and EUL/NGL groups (rejected by 373 votes to 235 with 48 abstentions) and by the ALDE group (rejected by 555 votes to 78 with 19 abstentions).
- 2010/09/20 Debate in Parliament
- 2010/06/03 Committee report tabled for plenary, single reading
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2010/06/01
Vote in committee, 1st reading/single reading
- #2999
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2010/03/01
Council Meeting
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2009/11/11
Committee referral announced in Parliament, 1st reading/single reading
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2009/09/11
Non-legislative basic document published
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COM(2009)0467
summary
PURPOSE: to enhance the enforcement of intellectual property rights in the internal market.BACKGROUND: by providing incentives to create, innovate and trade, intellectual property rights are one of the cornerstones of a competitive, wealth-generating, knowledge-based society. In Europe, counterfeiting and piracyhave a dramatic and damaging effect on business and they have the potential to become even more problematical due to the recent economic downturn and the growing range of fake products being sold. While luxury goods, fashion, music and film products have traditionally been targeted, today counterfeiting and piracy affect a wider variety of mass consumption goods such as foodstuffs, cosmetics, hygiene products, spare parts for cars, toys and various types of technical or electrical equipment. In particular, the increase in fake medicinesis of growing concern.IPR infringements cause widespread economic harm and an increasing number of counterfeit products now pose a real threat to consumer health and safety. It is therefore in the interest of stakeholders and consumers alike to have a responsive enforcement system which is robust, proportionate and fair.The Commission has implemented a legal framework within the Single Market that provides the tools to enforce IPR in a fair, effective and proportionate way. The IPR Enforcement Directive (Directive 2004/48/EC)is one of the cornerstones of this. It has harmonised the laws of Member States with regard to civil measures for the enforcement of all IPR and a proposal on criminal sanctions is currently under discussion in the Council.The EU Customs Regulation, which allows for the detention of goods suspected of infringing IPR, is another pillar of the legal framework. The Commission is currently consulting Member States and stakeholders on how this Regulation can be further improved.At global level the Commission has developed a long-term strategy for the enforcement of IPR in third countries. With a principal body of laws in place, the Commission now proposes to supplement the regulatory framework with complementary non-legislative measures, in line with Competitiveness Council Resolution of 25 September 2008 on a comprehensive European anti-counterfeiting and piracy-plan.CONTENT: the Commission seeks to ensure this by complementing the existing regulatory framework with non-legislative measures to make for more collaborative and focused enforcement across the Internal Market, in particular by:1) Supporting enforcement through an EU Counterfeiting and Piracy Observatory: the Commission is now establishing an Observatory to serve as the central resource for gathering, monitoring and reporting information and data related to all IPR infringements. However, the Observatory should play a much wider role, becoming the platform for representatives from national authorities and stakeholders to exchange ideas and expertise on best practices, to develop joint enforcement strategies and to make recommendations to policy-makers.Ensuring that the Observatory becomes the pan-European source of knowledge and a central resource for stakeholders and public authorities engaged in IPR enforcement activities will require close collaboration between the Commission, the Member Sates and the private sector. The aim therefore is to involve public and private representatives from across the European Union and to bring them together in partnership with consumers to cultivate a broader understanding of the problems. An important deliverable would be a publicly available Annual Report, presented by the Commission and providing specific information on core work areas.2) Fostering administrative cooperation throughout the Internal Market: due to the international nature of IPR infringements, improving internal cross-frontier cooperation is not only a legislative obligation, it is a clear necessity, and while administrative cooperation already operates in the area of Customs it is clearly lacking in other areas and needs to be developed. Greater administrative cooperation in the field of IPR enforcement should also be seen in the wider context of a partnership between the Commission and the Member States in implementing a borderless internal market. To this end:an efficient network of contact points across the European Union is essential to promote rapid exchanges of information on suspect products, manufacturing sites, distribution routes and key sales points;Member States are called upon to appoint National Coordinators with a firm mandate to synchronise IPR enforcement issues between their respective national enforcement agencies;extend the role of National Intellectual Property Offices to new functions such as awareness-raising, specific support for SMEs and coordination;transparency needs to be improved in respect of the national structures to provide support to stakeholders at cross-border levels, particularly SMEs. A report will be presented at meetings of stakeholders and Member States, in the context of the Observatory, in the second half of 2009;an electronic network for information sharing on IPR infringements in the Internal Market will need to be available to a wide range of national bodies, including different enforcement agencies and national IP offices. It will need to: (i) support ‘real-time’ exchanges of information on goods and services infringing IPR in the internal market; (ii) allow the swift exchange of alerts concerning specific products, trends and potential threats, and (iii) provide facilities to overcome language barriers for national authorities.3) Facilitating voluntary arrangements between stakeholders: to this end, the Commission aims to:encourage rights holders and other stakeholders to exploit the potential of collaborative approaches and to place more emphasis on joining forces to combat counterfeiting and piracy in the common interest, also taking advantage of possible alternatives to court proceedings for settling disputes;combat IPR infringements through Stakeholders' Dialogues: the Commission offers to act as a facilitator for such stakeholder dialogues on concrete topics by inviting the parties to get together, by organising meetings, by providing the administrative and logistical support and by safeguarding, where necessary, a fair balance between all the different interests at stake;tackle the sale of counterfeit goods over the internet: the Commission has launched a stakeholders' dialogue on the sale of counterfeit goods over the internet. Brand owners and internet companies alike have recognised this and have committed themselves to developing a collaborative way forward. Consequently, the Commission has organised a structured dialogue between stakeholders to facilitate mutual understanding and to find solutions that will be in the interests of all concerned. However, if voluntary arrangements cannot be agreed, the Commission will need to consider legislative solutions, in particular in the context of the IPR Enforcement Directive.
- DG {'url': 'http://ec.europa.eu/dgs/internal_market/', 'title': 'Internal Market and Services'}, BARNIER Michel
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COM(2009)0467
summary
Documents
- Non-legislative basic document published: COM(2009)0467
- Committee report tabled for plenary, single reading: A7-0175/2010
- Debate in Parliament: Debate in Parliament
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading/single reading: T7-0340/2010
| Amendments | Dossier |
| 219 |
2009/2178(INI)
2010/02/26
ITRE
31 amendments...
Amendment 1 #
Draft opinion Paragraph –1 (new) –1. Recognise the particular role of IPR in terms of innovation and creativity, which are of great additional value in affirming the competitiveness of the European economy and its enterprises; take the necessary action to maintain and develop them for the benefit of the European Union, particularly in terms of growth and employment;
Amendment 10 #
Draft opinion Paragraph 4 4. Maintain strong protection of IPR while facilitating legal use of works through
Amendment 11 #
Draft opinion Paragraph 5 5. Consider effective and proportional sanctions to deter infringement of copyright and prevent the losses caused to rights holders as a result
Amendment 12 #
Draft opinion Paragraph 5 5. Consider
Amendment 13 #
Draft opinion Paragraph 5 5.
Amendment 14 #
Draft opinion Paragraph 5 5. Consider effective sanctions to deter infringement of copyright and prevent the losses caused to rights holders as a result, while upholding the principle that, for example, communications providers are mere conduits and as such not liable for infringement occurring through or facilitated by their services, taking into account that additional on-line traffic monitoring implemented by ISP would increase the cost to the beneficiary and also contravene the right to privacy;
Amendment 15 #
Draft opinion Paragraph 5 5. Consider effective
Amendment 16 #
Draft opinion Paragraph 5 a (new) 5a. Calls on the Commission to take into consideration, when drawing up the legislative framework regarding the sanctions imposed upon IPR infringement, the high impact of counterfeit and piracy in areas such as medicinal products, foodstuffs, cosmetics, spare parts for vehicles, technical and electrical equipment, compared to the lesser implications of small-scale on-line piracy;
Amendment 17 #
Draft opinion Paragraph 5 a (new) 5a. Is concerned that voluntary agreements could be used to implement measures which risk undermining fundamental rights and circumvent democratic processes;
Amendment 18 #
Draft opinion Paragraph 6 6. Make full use of sanctions available to it under competition and trade law where relevant, which must be proportional, given the need to take account of the difference between commercial piracy with profit as its sole objective and piracy for personal use, the impact of which is more limited;
Amendment 19 #
Draft opinion Paragraph 6 6. Make full use of sanctions available to it under competition and trade law where relevant and note that sanctions, as one of the possible tools in the field of copyright, should be targeted at commercial exploiters rather than individual citizens, as a point of principle;
Amendment 2 #
Draft opinion Paragraph –1 a (new) –1a. Take into account the fact that technological development generates other forms of production, making it necessary to develop new economic and trade models which must guarantee fairer returns for rights holders;
Amendment 20 #
Draft opinion Paragraph 6 6. Make full use of sanctions available to it under competition and trade law where relevant, while stressing that any measure proposed must comply with the Convention for the Protection of Human Rights and Fundamental Freedoms;
Amendment 21 #
Draft opinion Paragraph 6 6. Make full use of sanctions available to it under competition and trade law where relevant, while respecting fundamental rights (the right to information, privacy etc.);
Amendment 22 #
Draft opinion Paragraph 6 a (new) 6a. Adopt a position on applications for mandatory block exemptions to protect the Member States vis-à-vis other countries which currently enjoy a more competitive market position;
Amendment 23 #
Draft opinion Paragraph 7 7. Include, where relevant, an evaluation of the impact relating to IPR, in particular with respect to small and medium-sized enterprises, especially those situated in less-favoured regions, in all impact assessments;
Amendment 24 #
Draft opinion Paragraph 7 7.
Amendment 25 #
Draft opinion Paragraph 7 a (new) 7a. Review Directive 2001/29/EC to achieve greater precision with a view to ensuring the harmonisation at EU level of the legal framework for copyright protection in the information society;
Amendment 26 #
Draft opinion Paragraph 8 8. Contribute, through the European Counterfeiting and Piracy Observatory, to the development of common standard procedures and criteria to enable the production of reliable and comparable data on the occurrence and value of counterfeiting and piracy across sectors
Amendment 27 #
Draft opinion Paragraph 8 8. Contribute, through the European Counterfeiting
Amendment 28 #
Draft opinion Paragraph 8 a (new) 8a. Stresses the need to conduct a strong media and educational campaign to raise awareness of the negative impact of counterfeiting and piracy, especially taking into consideration the mass consumption of goods such as cosmetics, hygiene products, spare parts for cars, toys, medicinal products and various types of technical and electrical equipment.
Amendment 29 #
Draft opinion Paragraph 8 a (new) 8a. Promote media literacy initiatives as an essential means of combating piracy and counterfeiting;
Amendment 3 #
Draft opinion Paragraph 1 1. Promote availability of EU-wide licenses for intellectual property rights (IPR), which have first been subject to a detailed impact assessment, taking into account the differences between content industries;
Amendment 30 #
Draft opinion Paragraph 8 a (new) 8a. Acknowledge that whereas efforts to tackle on-line non-commercial file- sharing have created a strong and damaging antagonism between the creative industries and their public, 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 31 #
Draft opinion Paragraph 8 b (new) 8b. Refuse any provision that could allow rights holders to intrude on the privacy of alleged infringers without due legal process.
Amendment 4 #
Draft opinion Paragraph 1 a (new) 1a. Recommends a study on the impact of patents on SMEs, bearing in mind not only the cost of patents but also their quality, as poor quality patents lead to high patent litigation costs which are especially detrimental to SMEs;
Amendment 5 #
Draft opinion Paragraph 1 b (new) Amendment 6 #
Draft opinion Paragraph 2 2. Consider, as a step towards an internal market for IPR,
Amendment 7 #
Draft opinion Paragraph 3 3. Promote interoperability and technological neutrality, allowing content
Amendment 8 #
Draft opinion Paragraph 3 a (new) 3a. Take account of the existence of particular formats making works accessible for those with disabilities and adopt the necessary measures to promote the distribution thereof;
Amendment 9 #
Draft opinion Paragraph 4 4. Maintain strong protection of IPR while facilitating legal use of works, in particular for non-commercial purposes such as education and research, through easily available, one-stop, EU-wide licensing options, supported by transparency regarding the holders of the IPR;
source: PE-439.283
2010/03/01
IMCO
66 amendments...
Amendment 1 #
Draft opinion Paragraph - 1 (new) -1. Emphasises the shared responsibility of the Commission and the Member States to make the internal market work also in the field of intellectual property rights, particularly in order to enable creators and inventors to reap the full benefits of the internal market in the digital age, to sustain innovation and employment, to combat cross-border organised crime and to protect consumers against potentially dangerous fakes;
Amendment 10 #
Draft opinion Paragraph 2 2. Draws attention to the serious impact of the infringement of intellectual property rights on the internal market and therefore calls on the Commission to
Amendment 11 #
Draft opinion Paragraph 2 2. Draws attention to the serious impact of
Amendment 12 #
Draft opinion Paragraph 2 2. Draws attention to the serious impact of the infringement of intellectual property rights on the internal market
Amendment 13 #
Draft opinion Paragraph 2 2. Draws attention to the serious impact of the infringement of intellectual property rights 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
Amendment 14 #
Draft opinion Paragraph 2 a (new) 2a. Emphasises the need for a consistent, efficient and balanced system of protection of intellectual property rights, which takes into account users' rights and obligations and fundamental freedoms, enhances innovation, creates better incentives and supports legal clarity for both rights-holders and consumers in the Internal Market;
Amendment 15 #
Draft opinion Paragraph 2 b (new) 2b. Notes the importance of public awareness of the impact of counterfeiting and piracy on society and on the economy, in particular the potential danger of fakes for health and safety as well as for European competitiveness, creation, innovation and jobs, and encourages the Commission, the Member States and stakeholders to analyse and develop effective awareness campaigns, including a European Day against Counterfeiting and Piracy and campaigns particularly focused on young people;
Amendment 16 #
Draft opinion Paragraph 3 Amendment 17 #
Draft opinion Paragraph 3 3. Calls on the Commission to
Amendment 18 #
Draft opinion Paragraph 3 3. Calls on the Commission to create the EU Certification
Amendment 19 #
Draft opinion Paragraph 3 3.
Amendment 2 #
Draft opinion Paragraph 1 1.
Amendment 20 #
Draft opinion Paragraph 3 a (new) 3a. Considers that ongoing infringements of intellectual property rights will reduce innovation and creativity in the EU and will lead to job losses in the EU;
Amendment 21 #
Draft opinion 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 22 #
Draft opinion Paragraph 4 4. Calls for closer administrative cooperation and information exchange between supervisory authorities
Amendment 23 #
Draft opinion Paragraph 4 4. Calls for closer administrative cooperation and information exchange between supervisory authorities concerning
Amendment 24 #
Draft opinion Paragraph 4 4. Calls for
Amendment 25 #
Draft opinion Paragraph 4 a (new) 4a. Welcomes the Communication from the Commission of 11 September 2009 concerning additional non-legislative measures; regrets however that the communication did not include legislative proposals to address infringements of intellectual property rights;
Amendment 26 #
Draft opinion Paragraph 4 b (new) 4b. Calls upon the Commission to streamline, consolidate and strengthen the cooperation and information exchanges between the Commission and the Member States, as well as within and amongst Member States, on all matters concerning the enforcement of intellectual property rights by the creation of a single, flexible and efficient coordination platform; takes the view that the European Parliament should be regularly informed of the results of this cooperation;
Amendment 27 #
Draft opinion Paragraph 4 c (new) 4c. Calls on the Commission, in the context of the research it proposes to carry out and the reports it intends to produce, also to explore the subject of the collection and correct distribution of authors' royalties by the organisations responsible for collective rights management;
Amendment 28 #
Draft opinion Paragraph 5 5. Calls on the Commission to develop international measures for the cooperation of the consumer protection supervisory authorities with third countries (in accordance with Article 18 of the
Amendment 29 #
Draft opinion Paragraph 5 a (new) 5a. Considers that the possibility should be created in the European legal framework to proceed against infringers of copyright, in line with international treaties;
Amendment 3 #
Draft opinion Paragraph 1 1. Welcomes the Commission's initiatives to enhance the enforcement of intellectual property rights and calls for the provision of long-term financing
Amendment 30 #
Draft opinion Paragraph 6 6. Considers that with regard to the need to deal effectively with the large quantities of counterfeit goods from third countries entering the internal market, it is necessary for Parliament to be immediately and fully informed at all stages on the negotiation of the Anti-Counterfeiting Trade Agreement (ACTA), in accordance with Article 218(10) of the Treaty on the Functioning of the European Union; recalls in this regard Parliament's previous decisions on tackling intellectual property infringements, as recently decided in the amended Framework Directive on a common regulatory framework for electronic communications networks and services (2002/21/EC1);
Amendment 31 #
Draft opinion Paragraph 6 6. Considers that with regard to the need to deal effectively with the large quantities of counterfeit goods from third countries entering the internal market, it is necessary, without violating European privacy legislation, for Parliament to be immediately and fully informed at all stages on the negotiation of the Anti- Counterfeiting Trade Agreement (ACTA), in accordance with Article 218(10) of the Treaty on the Functioning of the European Union; observes that the information provided should include a full impact assessment of the relationship between such an agreement and fundamental rights and European privacy legislation;
Amendment 32 #
Draft opinion Paragraph 6 a (new) 6a. Calls therefore on the Commission to urgently propose a comprehensive legislative strategy addressing all aspects of intellectual property rights by the end of 2010, in order to improve their enforcement;
Amendment 33 #
Draft opinion Paragraph 7 7. Calls
Amendment 34 #
Draft opinion Paragraph 7 7. Calls for proportionate measures to be proposed for effectively and successfully
Amendment 35 #
Draft opinion 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
Amendment 36 #
Draft opinion Paragraph 7 7. Calls for proportionate measures to be proposed for effectively and successfully combating the negative impact of infringement of intellectual property rights
Amendment 37 #
Draft opinion Paragraph 7 a (new) 7a. Does not share the Commission's certitude that the current civil enforcement framework in the EU is effective and harmonised to the extent necessary for the proper functioning of the internal market; is of the opinion that the possibility of proceeding against infringers of intellectual property rights should be created in the European legal framework, and reminds the Commission that the report on the application of Directive 2004/48/EC is essential to confirm those claims;
Amendment 38 #
Draft opinion Paragraph 7 b (new) 7b. Considers that, with regard to the need to deal effectively with the large quantities of counterfeit goods entering the internal market, it should as a matter of urgency be possible, on the basis of the EU Customs Regulation, for such goods to be seized and taken off the market at any point on the EU's external borders, regardless of where they were imported; stresses that for this reason the introduction of a single EU patent providing seamless protection across the EU is urgently needed; stresses, further, that using a Community trade mark ensures such seamless protection across the EU and accordingly makes effective seizure possible at all the EU's external borders; considers it vital, therefore, that the use of Community trade marks should not be hampered by the introduction of a new requirement according to which a Community trade mark would be conditional on effective use in several Member States.
Amendment 39 #
Draft opinion Paragraph 7 c (new) 7c. Points out that data protection can be considered a barrier to the fight against online copyright infringement, raising questions as to whether data protection legislation is in line with online copyright enforcement legislation, and calls on the Commission to deliberate on this subject and to analyse how to best balance the rights of individual citizens with the IP rights of creators and inventors;
Amendment 4 #
Draft opinion Paragraph 1 1. Welcomes the Commission's initiatives to enhance the enforcement of intellectual property rights and calls
Amendment 40 #
Draft opinion Paragraph 7 d (new) 7d. Welcomes the Commission's approach seeking to facilitate dialogue among stakeholders with the aim of jointly agreeing voluntary measures to reduce counterfeiting and piracy within the existing legal framework;
Amendment 41 #
Draft opinion Paragraph 7 e (new) 7e. Encourages the Commission and the stakeholders concerned to pursue the current ongoing dialogues and to resolutely seek agreements on voluntary practical measures aimed at reducing counterfeiting and piracy in the internal market, both online and offline;
Amendment 42 #
Draft opinion Paragraph 7 f (new) 7f. Calls on the Commission, in cases where stakeholders' dialogues are unable to reach agreed solutions, to review the situation and submit a legislative proposal;
Amendment 43 #
Draft opinion Paragraph 8 Amendment 44 #
Draft opinion Paragraph 8 8. Calls on the Observatory to analyse the
Amendment 45 #
Draft opinion Paragraph 8 8. Calls on the Observatory to analyse the problems relating to the storage and disposal of large quantities of counterfeit goods and to facilitate their reuse to meet the needs of non-profit organisations with social purposes.
Amendment 46 #
Draft opinion Paragraph 8 a (new) 8a. 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; emphasises the need to educate especially young European consumers to appreciate that intellectual property rights concern somebody's property and thus should not be infringed in any circumstances;
Amendment 47 #
Draft opinion Paragraph 8 b (new) 8b. Notes that intellectual property rights are one of the most important tools available for SMEs to enhance their competitiveness; is concerned, however, that the perceived lack of enforcement of intellectual property rights, combined with the costs and complexity of securing intellectual property rights, often dissuade SMEs from using the protection offered; therefore, urges the Commission and Member States to consider possible joint actions to help SMEs to protect their intellectual property rights; calls on the Commission to investigate the value of developing such an initiative through the EU Counterfeiting and Piracy Observatory;
Amendment 48 #
Draft opinion Paragraph 8 c (new) 8c. Reaffirms the importance of the CE mark in the fight against counterfeiting; recalls that 'the Goods Package' introduces obligations on manufacturers and importers in that they will be legally liable, and can therefore be prosecuted, if they abuse the CE mark; calls on the Commission to take these provisions into consideration when considering new proposals to strengthen the legal framework for copyright infringement;
Amendment 49 #
Draft opinion Paragraph 8 d (new) 8d. Calls for more targeted and new media-focused public awareness campaigns, which would seek to empower consumers in the fight against counterfeited goods, especially to educate them about how to recognise counterfeited goods;
Amendment 5 #
Draft opinion Paragraph 1 1. Welcomes 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
Amendment 50 #
Draft opinion Paragraph 8 e (new) 8e. Calls on the Commission therefore to put pressure on the industry to devise even more payment facilities, in order to make it easier for European consumers to buy legally offered content, so as to increase legal downloading in the EU;
Amendment 51 #
Draft opinion Paragraph 8 f (new) 8f. Recognises the need for the use of existing institutional structures in the Member States in the fight against counterfeited goods, and therefore calls on the national patent and other intellectual property offices to provide greater support and training to small and medium-sized enterprises and to the public;
Amendment 52 #
Draft opinion Paragraph 8 g (new) 8g. Emphasises, in order to find suitable solutions for tackling infringements of intellectual property rights in the Internal Market, the need for collection of independent, reliable and comparable data on the causes, effects, consequences and scope of infringements of different intellectual property rights and their impact on consumers and on the functioning of the Internal Market;
Amendment 53 #
Draft opinion Paragraph 8 h (new) 8h. Calls on the Observatory to develop and promote the best practices not only in the EU but also in international forums (World Intellectual Property Organisation, World Trade Organisation, etc.);
Amendment 54 #
Draft opinion Paragraph 8 i (new) 8i. Requests closer involvement of Parliament and the public in work on the next steps against infringements of intellectual property rights; in this respect criticises the lack of information on the progress of the stakeholders’ working groups established by the Commission and the Observatory; therefore calls for the creation of a parliamentary platform to the stakeholders’ working groups;
Amendment 55 #
Draft opinion Paragraph 8j (new) 8j. Notes that the law enforcement and data protection authorities, EUROPOL and EUROJUST representatives, academics, representatives of legal practitioners and civil society should be more involved in the Commission's work on combating infringements of intellectual property rights; therefore calls for these representatives to be invited to the stakeholders’ working groups;
Amendment 56 #
Draft opinion Paragraph 8 k (new) 8k. Looks forward to the Commission communication on transposition of the IPR enforcement directive in the Member States and is prepared to discuss possibilities which would improve legal clarity for the parties involved;
Amendment 57 #
Draft opinion Paragraph 8 l (new) 8l. Calls on the Commission, taking into account the rapidly developing digital environment, to adapt the existing rules for combating infringements of intellectual property rights more rapidly to changes in the markets and in technologies;
Amendment 58 #
Draft opinion Paragraph 8 m (new) 8m. Notes that the biggest challenge for the Internal Market lies in combating infringements of intellectual property rights at the EU's external borders and in third countries; in this respect, calls on the Commission to create more intellectual property helpdesks in third countries (notably in India and Russia) in order to help European entrepreneurs in more active enforcement of their intellectual property rights and in combating infringements of intellectual property rights in third countries and the entry into the Internal Market of counterfeited goods manufactured in such third countries;
Amendment 59 #
Draft opinion Paragraph 8 n (new) 8n. Calls on the Commission to prepare the updated EU strategy on intellectual property rights, which will propose proportional measures for effective and successful combating of infringements of intellectual property rights;
Amendment 6 #
Draft opinion Paragraph 1 1. Welcomes the Commission's initiatives to enhance the enforcement of intellectual property rights and calls for the
Amendment 60 #
Draft opinion Paragraph 8 o (new) 8o. Calls on the Observatory to analyse the issue of multi-territory licences for digital content in order to further develop the legal offer of digital content;
Amendment 61 #
Draft opinion Paragraph 8 p (new) 8p. Calls on Member States and the Commission to put into place an efficient mechanism for market surveillance, in particular an early warning system for counterfeited goods, which would make it possible to have these goods rapidly withdrawn from the market everywhere in the Union;
Amendment 62 #
Draft opinion Paragraph 8 q (new) 8q. Calls on Member States and the Commission to extend the cooperation between the Office for Harmonisation in the Internal Market and national intellectual property offices to cover also the fight against infringements of intellectual property rights;
Amendment 63 #
Draft opinion Paragraph 8 r (new) 8r. Calls on the Commission to identify the particular problems and needs of SMEs to develop specific measures to assist SMEs in the fight against infringements of intellectual property rights and to enable SMEs to better protect themselves both in the EU and in third countries;
Amendment 64 #
Draft opinion Paragraph 8 s (new) 8s. Calls on the Commission to organise the work of the Observatory in a way which makes it possible to develop a more comprehensive view of the economic, social and societal implications of infringements of intellectual property rights, including indirect costs to the public budget, such as tax losses and loss of employment in the EU;
Amendment 65 #
Draft opinion Paragraph 8 t (new) 8t. Stresses that an effective fight against infringements of intellectual property rights requires that counterfeited products from third countries can be seized at the external borders of the EU under EU customs regulations; recalls that this can be ensured only if intellectual property rights are protected throughout the entire territory of the EU and goods can be seized at every external border regardless of where they enter; recalls that, consequently, the creation of the EU patent is of paramount importance in the fight against counterfeiting; stresses also that the use of the Community Trademark should not be weakened by requiring that the Community Trademark be used in more than one Member State;
Amendment 66 #
Draft opinion Paragraph 8 u (new) 8u. Calls on the Commission to identify weaknesses in the current legal framework for intellectual property rights enforcement, with a view to strengthening and clarifying the existing framework, including a clarification of the relations between intellectual property rights enforcement and data protection;
Amendment 7 #
Draft opinion 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 8 #
Draft opinion Paragraph 2 2. Draws attention to the serious impact of the infringement of intellectual property rights 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
Amendment 9 #
Draft opinion Paragraph 2 2. Draws attention to the serious impact of the infringement of intellectual property rights 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, in which connection the causes of such increases should also be considered;
source: PE-439.272
2010/03/02
JURI
122 amendments...
Amendment 1 #
Motion for a resolution Citation (new) – having regard to its resolution of 29 March 2009 on strengthening security and fundamental freedoms on the Internet,
Amendment 10 #
Motion for a resolution Recital A b (new) Ab. whereas knowledge sharing and dissemination of innovation are strong traditions in the European Union; whereas access by the greatest possible number to technological progress and cultural products continues to be the foundation of education and development policy,
Amendment 100 #
Motion for a resolution Paragraph 20 20. Stresses that all parties concerned, including Internet service providers, must join in the dialogue with stakeholders in order to find the appropriate solutions
Amendment 101 #
Motion for a resolution 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 102 #
Motion for a resolution Paragraph 21 21. Calls on the Commission to think broadly about methods of facilitating industry's access to the digital market without geographical borders by addressing urgently the issue of multi- territory licences, the lack of harmonised legislation with regard to copyright as well as an effective and transparent system for rights management, as this is a requirement for the growth in services which are legal and which meet consumer demand for ubiquitous, instant and customised access to content;
Amendment 103 #
Motion for a resolution Paragraph 21 21. Calls on the Commission to think broadly about methods of facilitating industry’s access to the digital market without geographical borders by addressing
Amendment 104 #
Motion for a resolution Paragraph 21 21. Calls on the Commission to think broadly about methods of facilitating industry’s access to the digital market without geographical borders by addressing urgently the issue of multi- territory licences where there is substantial demand from consumers, as well as an effective and transparent system for rights management,
Amendment 105 #
Motion for a resolution Paragraph 21 21. Calls on the Commission to think broadly about methods of facilitating industry's access to the digital market without geographical borders by addressing urgently the issue of
Amendment 106 #
Motion for a resolution Paragraph 21 a (new) 21a. Stresses that the system for granting licences should be improved on a basis of technical neutrality, in such a way that the Member States have available to them a flexible, effective and transparent system which can be adapted to the new technologies;
Amendment 107 #
Motion for a resolution 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 108 #
Motion for a resolution Paragraph 21 a (new) 21a. Invites the Commission to adopt an open-ended approach to the proposals that have emerged regarding the recognition of online file sharing by producing comprehensive data regarding the economic aspects of mutualised funding schemes for creation based on non-market exchanges of digital content (such as the ‘creative contribution’ or ‘Kulturflatrate’);
Amendment 109 #
Motion for a resolution 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 11 #
Motion for a resolution Recital A c (new) Ac. whereas within the current information and digital technology society new forms of production, distribution and consumption are emerging, which are generating new products and services that call for new commercial models able to provide product accessibility and diversity while guaranteeing appropriate remuneration for authors and others who take part in their creation,
Amendment 110 #
Motion for a resolution Paragraph 21 a (new) 21a. Draws attention, furthermore, to the growing problem of Internet-based industrial espionage and theft of data constituting industrial property, in particular technical documentation and source code;
Amendment 111 #
Motion for a resolution Paragraph 21 b (new) 21b. Proposes that the Observatory should carry out a detailed analysis of the problem of data theft and put forward proposals for combating the problem;
Amendment 112 #
Motion for a resolution 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 113 #
Motion for a resolution Paragraph 22 a (new) 22a. Considers that any measure barring free access to the Internet (temporary disconnection) should only be issued by a judicial body; if it is issued by an administrative authority, that authority’s decision must be subject to judicial control, within the framework of an appeal procedure;
Amendment 114 #
Motion for a resolution Paragraph 23 23. Calls on the Commission to pursue innovative and upgraded cooperation between administrative departments and the various sectors of industry concerned, without prejudice to the traditional and legal distinction between the roles and competences of the law enforcement and judicial authorities and of the industry;
Amendment 115 #
Motion for a resolution Paragraph 23 a (new) 23a. Considers that penalties should target the user and not the subscriber, which presupposes a modicum of investigation by the administrative authority responsible for applying a prospective penalty.
Amendment 116 #
Motion for a resolution Paragraph 24 24. Calls on the Commission to step up its cooperation with priority third countries with regard to intellectual property and
Amendment 117 #
Motion for a resolution Paragraph 24 Amendment 118 #
Motion for a resolution Paragraph 25 25. Calls on the Commission to
Amendment 119 #
Motion for a resolution Paragraph 25 25. Calls on the Commission to
Amendment 12 #
Motion for a resolution 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 120 #
Motion for a resolution 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 121 #
Motion for a resolution Paragraph 25 b (new) Amendment 122 #
Motion for a resolution Paragraph 27 27. Stresses the importance of fighting organised crime in the area of IPRs, in particular counterfeiting
Amendment 13 #
Motion for a resolution Recital B a (new) Ba. whereas in order properly to address the question of IPR enforcement in the internal market, it is important to take into consideration not only EU territory but also the situation at the EU's external borders and in third countries, in order to ensure compatibility between the protection of content of Community origin and the holders of rights thereto and consumer access to non-Community content,
Amendment 14 #
Motion for a resolution 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 15 #
Motion for a resolution Recital E E. whereas the violation of IPR is a problem across the board which affects all sectors of industry and particularly the creative and innovative industries, and sport,
Amendment 16 #
Motion for a resolution Recital E a (new) Ea. whereas ongoing infringements of IPR will lead to a fade-out of innovation in the EU,
Amendment 17 #
Motion for a resolution Recital F F. whereas the
Amendment 18 #
Motion for a resolution Recital F F. whereas the phenomenon of illegal on
Amendment 19 #
Motion for a resolution Recital F F. whereas the phenomenon of on-line piracy has assumed
Amendment 2 #
Motion for a resolution Citation (new) – having regard to the European Convention for the Protection of Human rights and Fundamental Freedoms,
Amendment 20 #
Motion for a resolution 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 #
Motion for a resolution Recital F a (new) Fa. Whereas efforts to tackle online file sharing of works protected by copyright or similar infringements of rights must enjoy public support in order not to risk eroding support for intellectual property rights amongst the citizens;
Amendment 22 #
Motion for a resolution Recital F a (new) Fa. whereas the unauthorised uploading of copyrighted material to the Internet is a clear infringement of intellectual property rights and is prohibited by the World Intellectual Property Organisation (WIPO) treaties on copyright (WCT) and performances and phonograms (WPPT), to which the European Union is a contracting party,
Amendment 23 #
Motion for a resolution Recital F a (new) Fa. whereas the growth in legal online supply constitutes an essential anti-piracy tool in the digital world, given that users expect content to be made available to them on all media platforms in a way that allows them to choose the time when they will use it,
Amendment 24 #
Motion for a resolution Recital F b (new) Fb. whereas the creative sector should continue to develop models enabling access to creative content online which offer improved and cost-effective choices to consumers, including access to unlimited subscription services; whereas the development of these legal services is inhibited by the growth of unlawfully uploaded content online,
Amendment 25 #
Motion for a resolution Recital F b (new) Fb. whereas, in order to maintain and increase the attractiveness of what they can offer their public, producers of audiovisual media must be in a position to use all the new means of distribution; whereas the current system of granting licences must be improved in such a way that the Member States have a flexible system available to them which can be adapted to the new technologies,
Amendment 26 #
Motion for a resolution 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
Amendment 27 #
Motion for a resolution 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,
Amendment 28 #
Motion for a resolution 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
Amendment 29 #
Motion for a resolution 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 3 #
Motion for a resolution Citation (new) – having regard to its resolution of 10 April 2008 on cultural industries in Europe,
Amendment 30 #
Motion for a resolution 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 31 #
Motion for a resolution Recital Ha (new) Ha. whereas the possibility should be created in the European legal framework of proceeding against infringers of copyright, since international treaties are barely able to address IPR infringements,
Amendment 32 #
Motion for a resolution Recital J J. whereas there are proven connections between various forms of organised crime and IPR infringements, in particular counterfeiting
Amendment 33 #
Motion for a resolution 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 34 #
Motion for a resolution Recital K a (new) Ka. whereas it is desirable that, alongside measures to prevent offences in this area, protection should be provided for consumers who legally make use of products that are covered by protection of intellectual property,
Amendment 35 #
Motion for a resolution Recital K a (new) Ka. whereas current Community law constitutes no impediment to the development of multi-territory licensing systems,
Amendment 36 #
Motion for a resolution Recital L a (new) La. whereas in various areas, including the text- and image-based sector, there are business models and channels and licensing schemes that provide broad access to works in a wide range of forms and formats, both within and across national borders,
Amendment 37 #
Motion for a resolution Recital M a (new) Ma. whereas today's intellectual property rights management systems are already highly transparent and effective,
Amendment 38 #
Motion for a resolution Paragraph 1 1. Welcomes the communication of 11 September 2009 from the Commission concerning additional non-legislative measures; regrets however that the communication d
Amendment 39 #
Motion for a resolution Paragraph 1 1. Welcomes the communication of 11 September 2009 from the Commission concerning additional non-legislative measures;
Amendment 4 #
Motion for a resolution 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 40 #
Motion for a resolution Paragraph 1 a (new) 1a. In the text of the report the wording ‘piracy’ must be replaced by ‘infringement of copyrights’ and ‘counterfeit’ by ‘infringement of trademarks’ in order to have a clear and indisputable definition from a legal perspective;
Amendment 41 #
Motion for a resolution 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 42 #
Motion for a resolution Paragraph 1 a (new) 1a. 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 matter of completing the legislative framework by introducing a set of measures to combat intellectual property right infringements in an effective manner;
Amendment 43 #
Motion for a resolution 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) Amendment 45 #
Motion for a resolution Paragraph 1 d (new) 1d. Recalls that an exception to IPRs exists in the cultural area: the ‘private copy’; calls on the Commission to retain this exception and to adapt it to new technological progress and the internet; stresses the potential usefulness of authorising sharing between individuals of copies for non-commercial use and linking them to new mutualised forms of funding for creative endeavour;
Amendment 46 #
Motion for a resolution Paragraph 2 2. Calls on the Commission to
Amendment 47 #
Motion for a resolution Paragraph 2 2. Calls on the Commission to urgently present a comprehensive IPR strategy addressing all aspects of IPRs, including their enforcement as well as their promotion, in particular the role of copyright as an enabler and not an obstacle, helping creators earn a living and disseminating their works;
Amendment 48 #
Motion for a resolution Paragraph 2 2. Calls on the Commission to urgently pr
Amendment 49 #
Motion for a resolution 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 5 #
Motion for a resolution Citation (new) – having regard to the communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions of 25 June 2008 on the Small Business Act for Europe establishing the ‘Think Small First’ principle for an ambitious policy agenda for SMEs,
Amendment 50 #
Motion for a resolution Paragraph 3 3. Considers that the Commission should take
Amendment 51 #
Motion for a resolution Paragraph 3 3. Considers that the Commission should take IPR aspects into account in all
Amendment 52 #
Motion for a resolution Paragraph 3 a (new) 3a. Takes the view that the Commission should take into account the specific problems encountered by SMEs when it comes to reinforcing the intellectual property rights corresponding to the principle of ‘Think Small First’ established by the Small Business Act for Europe, inter alia by applying the principle of non-discrimination for SMEs;
Amendment 53 #
Motion for a resolution Paragraph 3 a (new) Amendment 54 #
Motion for a resolution Paragraph 4 4.
Amendment 55 #
Motion for a resolution Paragraph 4 4. Does not share the Commission's certitude that the current civil enforcement framework in the EU is effective and harmonised to the extent necessary for the proper functioning of the internal market; is of the opinion that the possibility of proceeding against infringers of IPR should be created in the European legal framework, and reminds the Commission that the report on the application of Directive 2004/48/EC is essential to confirm those claims;
Amendment 56 #
Motion for a resolution Paragraph 4 a (new) 4a. In the light of the experiences undergone by rights-holders in some Member States, does not share the Commission's certitude that the current civil enforcement framework in the EU is effective and harmonised to the extent necessary for 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 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
Amendment 58 #
Motion for a resolution Paragraph 6 6.
Amendment 59 #
Motion for a resolution Paragraph 6 6.
Amendment 6 #
Motion for a resolution Recital A A. whereas
Amendment 60 #
Motion for a resolution 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 61 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to put forward appropriate legislative proposals based on Article 118 of the TFEU which will address the issue of an effective EU patent system and will harmonise certain aspects of European Copyright Law;
Amendment 62 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to put forward appropriate legislative proposals based on Article 118 of the TFEU which will address the issue of an effective EU patent system and welcomes in this respect the Council conclusions on an enhanced patent system in Europe of 4 December 2009 as a significant positive development;
Amendment 63 #
Motion for a resolution Title after paragraph 7 European Observatory on Counterfeiting
Amendment 64 #
Motion for a resolution Paragraph 8 a (new) 8a. Proposes to change the name of the Observatory to avoid the mention of ‘piracy’, which is often a source of confusion and is a very controversial notion;
Amendment 65 #
Motion for a resolution 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) 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 9.
Amendment 68 #
Motion for a resolution Paragraph 9 a (new) 9a. Urges the Commission to guarantee that the Observatory obeys EU rules in the field of privacy and data protection;
Amendment 69 #
Motion for a resolution Paragraph 10 10. Wishes the Observatory to become a tool for collecting and exchanging data and information on all forms of all IPR infringements; its prime objective should be to compile scientific research regarding counterfeiting and IPR regulation;
Amendment 7 #
Motion for a resolution Recital A A. whereas
Amendment 70 #
Motion for a resolution Paragraph 10 10. Wishes
Amendment 71 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to clarify the tasks which are
Amendment 72 #
Motion for a resolution 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
Amendment 73 #
Motion for a resolution Paragraph 12 12. Calls on the Commission to inform Parliament and the Council fully and comprehensively
Amendment 74 #
Motion for a resolution Paragraph 13 13.
Amendment 75 #
Motion for a resolution 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
Amendment 76 #
Motion for a resolution Paragraph 13 13.
Amendment 77 #
Motion for a resolution 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; emphasises the need to teach especially young European consumers that IPR concerns people’s property and thus should not be infringed under any circumstances;
Amendment 78 #
Motion for a resolution Paragraph 14 14. Calls on all parties concerned, including Internet service providers, on- line sales platforms, rights-holders and consumers' organisations, with regard to piracy and the sale of counterfeit products on line, to
Amendment 79 #
Motion for a resolution Paragraph 14 14. Calls on all parties concerned,
Amendment 8 #
Motion for a resolution Recital A a (new) Aa. whereas scientific and technical innovation, patents and the cultural industries make a decisive contribution to the competitiveness of the European economy, both through the number and diversity of the job openings they provide and through the wealth created; whereas the cultural economy, from creation through to distribution, must be supported,
Amendment 80 #
Motion for a resolution Paragraph 14 14. Calls on
Amendment 81 #
Motion for a resolution Paragraph 15 15. Stresses the need to educate young people to enable them to understand what is at stake in intellectual property and to identify clearly what is legal and what is not, by means of targeted public awareness campaigns
Amendment 82 #
Motion for a resolution Paragraph 15 Amendment 83 #
Motion for a resolution Title after paragraph 15 Amendment 84 #
Motion for a resolution Title after paragraph 15 Amendment 85 #
Motion for a resolution Paragraph 16 16. Agrees with the Commission that additional non-legislative measures
Amendment 86 #
Motion for a resolution Paragraph 16 16. Agrees with the Commission that
Amendment 87 #
Motion for a resolution Paragraph 16 16.
Amendment 88 #
Motion for a resolution Paragraph 16 a (new) 16a. Stresses that the enormous growth of unauthorised file sharing of copyrighted works and recorded performances is an increasing problem for the European economy in terms of job opportunities and revenues for the industry as well as for government;
Amendment 89 #
Motion for a resolution Paragraph 17 Amendment 9 #
Motion for a resolution Recital A a (new) Aa. whereas the European Union, as a member of the World Trade Organisation, is bound by the Agreement on Trade Related Intellectual Property Rights (TRIPS); whereas EU Member States are thereby committed to the adoption and implementation of effective measures against all infringements of IPRs,
Amendment 90 #
Motion for a resolution Paragraph 17 17. Regrets that the Commission has not mentioned or discussed the delicate problem of on-line piracy, which constitutes a major aspect of this
Amendment 91 #
Motion for a resolution Paragraph 17 a (new) 17a. Stresses that the fight against digital piracy does not call into question the exercise of citizens’ fundamental rights such as the right to protection of privacy; recalls in this connection that protection of intellectual property constitutes a fundamental right under Article 17 of the Charter of Fundamental Rights of the European Union;
Amendment 92 #
Motion for a resolution Paragraph 18 18. Stresses that a number of factors have allowed this phenomenon to develop,
Amendment 93 #
Motion for a resolution 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
Amendment 94 #
Motion for a resolution 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
Amendment 95 #
Motion for a resolution 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
Amendment 96 #
Motion for a resolution 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
Amendment 97 #
Motion for a resolution Paragraph 19 a (new) 19a. Asks, therefore, the Commission to pressure the industry to come up with new payment facilities, in order to make it easier for European consumers to buy legally offered content, thereby ensuring that legal downloading will increase in the EU;
Amendment 98 #
Motion for a resolution Paragraph 19 a (new) 19a. Calls for specific legislation providing that private consumers who have legitimately received, for their own private use, reproductions of original products which are covered by protection under intellectual property rights are not required to demonstrate the legitimacy of those reproductions, but that it should be up to interested parties to prove any violation of rules under the protection of intellectual property rights;
Amendment 99 #
Motion for a resolution Paragraph 20 20.
source: PE-439.233
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