BETA


2011/0135(COD) Office for Harmonisation in the Internal Market (Trade Marks and Designs): tasks related to the protection of intellectual property rights

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI MASIP HIDALGO Antonio (icon: S&D S&D) MÉSZÁROS Alajos (icon: PPE PPE), WIKSTRÖM Cecilia (icon: ALDE ALDE), LICHTENBERGER Eva (icon: Verts/ALE Verts/ALE), KARIM Sajjad (icon: ECR ECR), SPERONI Francesco Enrico (icon: EFD EFD)
Committee Opinion ITRE
Committee Opinion IMCO BIELAN Adam (icon: ECR ECR)
Committee Opinion CULT VERHEYEN Sabine (icon: PPE PPE) Emma McCLARKIN (icon: ECR ECR), Marie-Christine VERGIAT (icon: GUE/NGL GUE/NGL)
Lead committee dossier:
Legal Basis:
TFEU 114-p1, TFEU 118-p1

Events

2020/11/25
   EC - Follow-up document
2020/11/24
   EC - Follow-up document
2012/05/16
   Final act published in Official Journal
Details

PURPOSE: to entrust the Office for Harmonisation in the Internal Market (Trade Marks and Designs) with certain tasks related to the protection of intellectual property rights (IPR).

LEGISLATIVE ACT: Regulation (EU) No 386/2012 of the European Parliament and of the Council on entrusting the Office for Harmonization in the Internal Market (Trade Marks and Designs) with tasks related to the enforcement of intellectual property rights, including the assembling of public and private-sector representatives as a European Observatory on Infringements of Intellectual Property Rights.

CONTENT: the Council adopted a Regulation entrusting the EU's office for harmonisation in the internal market (OHIM) with new tasks related to the enforcement of intellectual property rights . The adoption follows an agreement with the European Parliament at first reading.

The OHIM, which is the EU's trade marks and designs office, will carry out new tasks aimed at facilitating and supporting the activities of national authorities, the private sector and the EU institutions in the fight against infringements of intellectual property rights.

In carrying out these tasks the OHIM will organise, administer and support the gathering of experts, authorities and stakeholders assembled under the " European observatory on infringements of intellectual property rights ".

The new tasks of the OHIM do not extend to participation in individual operations or investigations carried out by national authorities.

Tasks and activities : the Office shall have the following tasks:

improving understanding of the value of intellectual property; improving understanding of the scope and impact of infringements of intellectual property rights; enhancing knowledge of best public and private sector practices to protect intellectual property rights; assisting in raising citizens’ awareness of the impact of infringements of intellectual property rights; enhancing the expertise of persons involved in the enforcement of intellectual property rights; enhancing knowledge of technical tools to prevent and tackle infringements of intellectual property rights, including tracking and tracing systems which help to distinguish genuine products from counterfeit ones; providing mechanisms which help to improve the online exchange, between Member States’ authorities working in the field of intellectual property rights, of information relating to the enforcement of such rights, and fostering cooperation with and between those authorities; working, in consultation with Member States, to foster international cooperation with intellectual property offices in third countries so as to build strategies and develop techniques, skills and tools for the enforcement of intellectual property rights.

Meetings of the Observatory : in order to carry out the activities, the Office shall at least once per year invite to meetings of the Observatory representatives from public administrations, bodies and organisations in the Member States dealing with intellectual property rights and representatives from the private sector, for the purpose of their participation in the Office’s work under this Regulation.

Private-sector representatives invited to meetings of the Observatory shall include a broad, representative and balanced range of Union and national bodies representing the different economic sectors, including the creative industries .

Consumer organisations, small and medium-sized enterprises, authors and other creators shall be properly represented.

Members or other representatives of the European Parliament and representatives from the Commission shall be invited to any of the meetings covered by this Article, either as participants or observers, as appropriate.

Information obligations : private-sector representatives meeting as the Observatory shall, when possible, at the request of the Office: (a) inform the Office of policies and strategies in their field of activity on the enforcement of intellectual property rights and any changes thereto; (b) provide statistical data on infringements of intellectual property rights in their field of activity.

Content of the work programme and of the management report : the Office shall draw up an annual work programme that appropriately prioritises the activities under this Regulation and for the meetings of the Observatory, in line with the Union’s policies and priorities in the field of protection of intellectual property rights and in cooperation with the representatives from the Observatory.

Before submitting the management report to the European Parliament, the Commission and the Administrative Board, the President of the Office shall consult the representatives on the relevant parts of the report.

Evaluation: the Commission shall adopt a report evaluating the application of this Regulation by 6 June 2017. The report shall assess the operation of this Regulation, in particular as regards its impact on the enforcement of intellectual property rights in the internal market.

ENTRY INTO FORCE: 05/06/2012.

2012/04/19
   CSL - Draft final act
Documents
2012/04/19
   CSL - Final act signed
2012/04/19
   EP - End of procedure in Parliament
2012/03/22
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2012/03/22
   CSL - Council Meeting
2012/03/21
   EC - Commission response to text adopted in plenary
Documents
2012/02/14
   EP - Results of vote in Parliament
2012/02/14
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 569 votes to 15 with 71 abstentions a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on entrusting the Office for Harmonisation in the Internal Market (Trade Marks and Designs) with certain tasks related to the protection of intellectual property rights, including the assembling of public and private sector representatives as a European Observatory on Counterfeiting and Piracy

Parliament adopted its position on first reading following the ordinary legislative procedure. The amendments adopted in plenary are the result of an agreement negotiated between Parliament and Council. The main amendments are as follows:

Subject matter and scope : in accordance with Members’ requirements, it is stipulated the Regulation entrusts the Office for Harmonisation in the Internal Market (Trade Marks and Designs) with tasks aimed at facilitating and supporting the activities of national authorities, the private sector and the Union institutions in the fight against infringements of the intellectual property rights covered by Directive 2004/48/EC.

In carrying out these tasks the Office shall organise, administer and support the gathering of experts, authorities and stakeholders assembled under the name ‘European Observatory on Infringements of Intellectual Property Rights ’.

Tasks and activities : the tasks and activities of the Office under the Regulation do not extend to participation in individual operations or investigations carried out by the competent authorities.

The Office shall have the following tasks:

· improving understanding of the value of intellectual property;

· improving understanding of the scope and impact of infringements of intellectual property rights;

· assisting in raising citizens' awareness of the impact of infringements of intellectual property rights;

· enhancing knowledge of the technical tools needed to prevent and tackle infringements of intellectual property rights, including tracking and tracing systems which help to distinguish genuine products from counterfeit ones

· providing mechanisms which help to improve the online exchange, between Member States' authorities working in the field of intellectual property rights, of information relating to the enforcement of such rights, and fostering cooperation with and between those authorities;

· working, in consultation with Member States, to foster international cooperation with intellectual property offices in third countries so as to build strategies and develop techniques for the enforcement of intellectual property rights, skills and tools.

In the fulfilment of these tasks, the Office shall carry out the following activities :

· establishing a transparent methodology for the collection, analysis and reporting of independent, objective, comparable and reliable data relating to infringements of intellectual property rights;

· providing regular assessments and specific reports by economic sector, geographic area and type of intellectual property right infringed, which evaluate, inter alia, the impact of infringements of intellectual property rights on society and the economy, including an assessment of the effects on small and medium-sized enterprises, as well as on health, the environment, safety and security;

· collecting, analysing and disseminating information regarding best practices between the representatives meeting as the Observatory, and, if applicable, making recommendations for strategies based on such practices;

· assisting national and Europe-wide actions, including online and offline campaigns, principally by providing data and information;

· monitoring the development of new competitive business models which enlarge the legal offer of cultural and creative content, and encouraging the exchange of information and raising consumer awareness in this respect;

· organising ad hoc meetings of experts, including academic experts and relevant representatives of civil society, to support its work under this Regulation;

· identifying and promoting technical tools for professionals and benchmark techniques, including tracking and tracing systems which help to distinguish genuine products from counterfeit ones;

· working with national authorities and the Commission to develop an online network facilitating the exchange of information on infringements of intellectual property rights between public administrations, bodies and organisations in the Member States dealing with the protection and enforcement of those rights.

In carrying out these tasks and activities, the Office shall comply with existing provisions of Union law on data protection.

Meetings of the Observatory : in order to carry out the activities the Office shall at least once per year invite to meetings of the Observatory representatives from public administrations, bodies and organisations in the Member States dealing with intellectual property rights and representatives from the private sector. Representatives meeting as the Observatory invited from the private sector shall include a broad, representative and balanced range of Union and national bodies representing the different economic sectors, including the creative industries.

Consumer organisations, small and medium-sized enterprises, authors and other creators shall be properly represented.

In addition to these meetings, the Office shall organise meetings consisting of: (i) representatives from the public administrations, bodies and organisations in the Member States, or (ii) private sector representatives.

Members or other representatives of the European Parliament and representatives from the Commission shall be invited to any of the meetings, either as participants or observers, as appropriate.

The names of the representatives attending, the agenda and the minutes shall be published on the Office's website.

Information obligations : without prejudice to the law governing the processing of personal data and to the protection of confidential information, private-sector representatives meeting as the Observatory shall, when possible, at the request of the Office:

· inform the Office of policies and strategies in their field of activity on the enforcement of intellectual property rights and any changes thereto,

· provide statistical data on infringements of intellectual property rights in their field of activity.

Content of the work programme and of the management report : the Office shall draw up an annual work programme that appropriately prioritises the activities under this Regulation and for the meetings of the Observatory, in line with the Union's policies and priorities in the field of protection of intellectual property rights and in cooperation with the at the Observatory. The activity report shall contain (a) observations on the enforcement of intellectual property rights and potential future policies and strategies, including on how to enhance effective cooperation with and between Member States; (b) an overall assessment of the proper representation in the Observatory of all the actors. Lastly, before submitting the management report to the European Parliament, the Commission and the Administrative Board, the President of the Office shall consult the on the relevant parts of the report.

Documents
2012/02/13
   EP - Debate in Parliament
2012/01/09
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on Legal Affairs adopted the report drafted by Antonio MASIP HIDALGO (S&D, ES) on the proposal for a regulation of the European Parliament and of the Council on entrusting the Office for Harmonisation in the Internal Market (Trade Marks and Designs) with certain tasks related to the protection of intellectual property rights, including the assembling of public and private sector representatives as a European Observatory on Counterfeiting and Piracy.

It recommended that the European Parliament’s position, adopted at first reading under the ordinary legislative procedure, should be to amend the Commission proposal as follows:

Subject matter and scope : Members stipulate that the this Regulation entrusts the Office for Harmonization in the Internal Market with tasks aimed at facilitating and supporting the activities of national authorities, the private sector and the institutions of the Union in the fight against infringements of the intellectual property rights covered by Directive 2004/48/EC on the enforcement of intellectual property rights.

In carrying out these tasks, the Office shall organise, administer and support the gathering of experts, authorities and stakeholders assembled under the name "European Observatory on the infringements of Intellectual Property Rights".

The tasks and activities of the Office under this Regulation do not extend to participation in individual operations or investigations carried out by the competent authorities.

Tasks and activities : the Office shall have the following tasks:

improving the understanding on the value of intellectual property; improving the understanding on the scope and impact of infringements of intellectual property rights; assisting in raising citizens' awareness of the impact of infringements of intellectual property rights; enhancing the knowledge on technical tools to prevent and tackle the infringement of intellectual property rights, including tracking and tracing systems which help to distinguish genuine from counterfeit products; providing mechanisms which help to improve the online exchange, between Member States' authorities working in the field of intellectual property rights, of information related to the enforcement of such rights, and fostering cooperation with and between these authorities.

In the fulfilment of the tasks, the Office shall carry out the following activities :

providing regular assessments and specific reports by economic sector, including an assessment of the effects on SMEs, as well as health, environment, safety and security; collecting, analysing and disseminating information regarding best practices between the representatives meeting as the Observatory, and, if applicable, making recommendations for strategies based on such practices; drawing up reports and publications to raise awareness among the Union's citizens of the impact of infringements of intellectual property rights, and to this end, organising conferences, events and meetings at European and international levels as well as assisting national and pan-European actions, including on-line and off-line campaigns, principally by providing data and information; monitoring the development of new competitive business models that enlarge the legal offer of cultural and creative content, encouraging the exchange of information and raising consumer awareness in this respect; organising ad hoc meetings of experts, including meetings of academic experts and meetings of relevant representatives of the civil society, to support its work under this Regulation.

Meetings of the Observatory : in order to carry out the activities, the Office shall invite to meetings of the Observatory, at least once a year, representatives from public administrations, bodies and organisations in the Member States dealing with intellectual property rights and representatives from the private sector, for the purpose of participating in the Office's work under this Regulation. Representatives meeting as the Observatory invited from the private sector shall include a broad, representative and balanced range of Union and national bodies representing the different economic sectors, including the creative industries , most concerned by or most experienced in the fight against infringements of intellectual property rights.

Members or other representatives of the European Parliament and representatives from the Commission shall be invited to any of the meetings, either as participants or observers, as appropriate.

The names of the representatives, the agenda and the minutes of the meetings shall be published on the Office's website.

Information obligations : without prejudice to the law governing the processing of personal data and to the protection of confidential information, private sector representatives meeting as the Observatory shall, when possible, at the request of the Office:

inform the Office of policies and strategies in their field of activity on the enforcement of intellectual property rights and any changes thereto; provide statistical data on infringements of intellectual property rights in their field of activity.

Content of the work programme and of the management report : the Office shall draw up an annual work programme that prioritises the activities appropriately under this Regulation and for the meetings of the Observatory, in line with the Union's policies and priorities in the field of protection of intellectual property rights, and in cooperation with the Observatory representatives.

The work programme shall be submitted to the Office’s Administrative Board for information. It shall contain an overall assessment of the fulfilment of the Office's tasks as well as observations on the enforcement of intellectual property rights and potential future policies and strategies, including on how to enhance an effective cooperation with and between Member States.

The President of the Office shall consult the Observatory representatives on the relevant parts of the management report referred to in this Article before submitting the report to the European Parliament, the Commission and the Administrative Board.

Documents
2011/12/20
   EP - Vote in committee, 1st reading
2011/12/05
   CSL - Debate in Council
Details

Ministers took note of the progress made on three files under examination by the Council preparatory bodies in the field of intellectual property:

· a draft directive on the protection of orphan works ;

· a draft regulation for entrusting the Office for Harmonisation in the Internal Market with certain tasks related to the protection of intellectual property; and

· a draft regulation concerning customs enforcement of intellectual property rights.

Documents
2011/12/05
   CSL - Council Meeting
2011/12/01
   EP - Committee opinion
Documents
2011/12/01
   EP - Amendments tabled in committee
Documents
2011/11/23
   EP - Committee opinion
Documents
2011/11/07
   PT_PARLIAMENT - Contribution
Documents
2011/10/21
   EP - Committee draft report
Documents
2011/08/10
   IT_SENATE - Contribution
Documents
2011/07/20
   EP - BIELAN Adam (ECR) appointed as rapporteur in IMCO
2011/07/13
   EP - VERHEYEN Sabine (PPE) appointed as rapporteur in CULT
2011/07/11
   EP - MASIP HIDALGO Antonio (S&D) appointed as rapporteur in JURI
2011/06/07
   EP - Committee referral announced in Parliament, 1st reading
2011/05/24
   EC - Document attached to the procedure
2011/05/24
   EC - Document attached to the procedure
2011/05/24
   EC - Legislative proposal published
Details

PURPOSE: to entrust the Office for Harmonisation in the Internal Market (Trade Marks and Designs) with certain tasks related to the protection of intellectual property rights, including the assembling of public and private sector representatives as a European Observatory on Counterfeiting and Piracy in order to avoid significant harm being caused by counterfeiting and piracy to the European economy and to the health and safety of European citizens.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

BACKGROUND: the EU’s economic well-being relies on sustained creativity and innovation. Accordingly, the Europe 2020 Strategy highlights the need to strengthen the EU’s research performance, to promote innovation throughout the Member States, ensuring that innovative ideas can be turned into new products and services that create growth and quality jobs. Intellectual property rights (IPR) are vital business assets, which help to ensure that innovators and creators get a fair return for their work and investments.

Over the last ten years, however, IPR infringements have increased significantly. In 2009, the OECD estimated that international trade in counterfeit and pirated goods accounted for USD 250 billion in 2007, which is larger than the national GDPs of 150 economies. Also, figures published by EU customs authorities reflect a clear increase in customs activity, with a rise in registered cases from 26 704 in 2005 to 43 572 in 2009, i.e. up by about 60 % in five years.

One of the main initiatives to address this threat launched by the Council and the Commission in 2009 was to set up a European Observatory on Counterfeiting and Piracy to improve understanding on intellectual property rights (IPR) infringements ('the Observatory').

In line with the Council's request of 2008, the Observatory in its current form is a centre of expertise with no legal personality managed by the Commission services.

The latest Council Resolution relating to the Observatory added further responsibilities, by inviting it to assess the needs for implementation of EU-level training programmes for those involved in combating counterfeiting and piracy. A September 2010 European Parliament Resolution additionally called for the Observatory to compile scientific research data on counterfeiting and IPR regulation.

LEGAL BASIS: Article 114 and 118(1) of the Treaty on the Functioning of the European Union (TFEU).

IMPACT ASSESSMENT: the Impact Assessment looked at three different options, each with a number of sub-options:

Option 1: the Observatory continues to be administered by DG MARKT, but with extra resources:

Sub-option 1a – DG MARKT’s human and budgetary resources are increased. Sub-option 1b – The management of the Observatory is outsourced to an external contractor.

Option 2: tasks are performed by a private body or jointly under a public-private partnership:

Sub-option 2a – Industry-led initiative, financed by private sector stakeholders. Sub-option 2b – Industry-led initiative, financed by a Commission grant/programme. Sub-option 2c – Public-private partnership (PPP).

Option 3: the Observatory is entrusted to an EU agency:

Sub-option 3a – The tasks of the Observatory are entrusted to a newly created EU agency. Sub-option 3b – The tasks of the Observatory are entrusted to an existing agency. In budgetary terms it would offer a cost-efficient solution (with total costs of between EUR 3.3 million and 4.3 million in the first two years and between EUR 4.74 million and 5.52 million as of year three) and allow costs to be covered by financial resources outside of the EU budget.

The Commission concludes that Option 3b (entrusting the tasks to an existing EU agency, preferably OHIM) is the preferred option. It would allow the Observatory to have access to expertise, resources and financing and to become quickly operational. In budgetary terms it would offer a cost-efficient solution and allow costs to be covered by financial resources outside of the EU budget.

CONTENT: over the last two years, the Observatory's institutional framework has been set up. This setting up phase of the Observatory having been concluded it shows that, due to a lack of funding , human resources, IT and meeting capacities and necessary expertise, with its current infrastructure it will not be able to meet its objectives in the future and that the taking on of additional tasks under the current setting would be excluded.

It is proposed to entrust the Office for Harmonisation in the Internal Market with the tasks and activities relating to the management of the European Observatory on Counterfeiting and Piracy, including those concerning copyright, rights related to copyright and patents.

The specific objectives are:

to make public authorities and private stakeholders more aware of counterfeiting and piracy as regards their scope, impact and trends, and effective techniques to combat the problem and to improve day-to-day cooperation; to inform consumers of the economic impact and dangers related to counterfeiting and piracy and to help them avoid being misled into buying fake products; to improve the coordination of actions directed towards third countries.

The operational objectives are to ensure that the Observatory has the necessary infrastructure (in terms of human resources, funding, IT and meeting capacities, expertise and independence from vested interests) to perform its tasks effectively, as quickly as possible and at minimum cost to the EU budget.

These objectives dovetail with existing EU policies and strategies, such as Europe 2020. They also fit in with the Commission’s main priorities and proposals concerning its IPR strategy for Europe .

BUDGETARY IMPLICATIONS: the proposal does not create any costs for the EU budget. Instead, it would allow for savings of around EUR 40 000 as certain costs that are currently borne by the EU budget would in future be borne by the OHIM’s budget.

Documents

Activities

Votes

A7-0003/2012 - Antonio Masip Hidalgo - Vote unique #

2012/02/14 Outcome: +: 569, 0: 71, -: 15
DE IT FR ES PL GB RO CZ NL BG BE HU EL SE SK PT LT DK AT FI IE LV SI LU EE CY MT
Total
91
62
63
44
44
59
29
21
24
18
18
19
17
19
13
16
10
13
16
11
10
9
8
5
6
6
4
icon: PPE PPE
246

Czechia PPE

2

Denmark PPE

For (1)

1

Luxembourg PPE

3

Estonia PPE

For (1)

1
2

Malta PPE

For (1)

1
icon: S&D S&D
161

Netherlands S&D

3

Finland S&D

2

Ireland S&D

2

Latvia S&D

1

Slovenia S&D

2

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1
icon: ALDE ALDE
75

Spain ALDE

1

Greece ALDE

1

Slovakia ALDE

For (1)

1

Lithuania ALDE

2
3

Latvia ALDE

For (1)

1

Slovenia ALDE

2

Luxembourg ALDE

For (1)

1
icon: ECR ECR
45

Hungary ECR

For (1)

1

Lithuania ECR

1

Denmark ECR

Abstain (1)

1

Latvia ECR

For (1)

1
icon: GUE/NGL GUE/NGL
26

France GUE/NGL

2

Netherlands GUE/NGL

Abstain (1)

1

Greece GUE/NGL

2

Sweden GUE/NGL

Abstain (1)

1

Portugal GUE/NGL

4

Denmark GUE/NGL

1

Ireland GUE/NGL

Against (1)

1

Latvia GUE/NGL

For (1)

1

Cyprus GUE/NGL

Abstain (1)

2
icon: EFD EFD
27

France EFD

Abstain (1)

1

Netherlands EFD

For (1)

1

Belgium EFD

For (1)

1

Slovakia EFD

For (1)

1

Lithuania EFD

2

Denmark EFD

1

Finland EFD

For (1)

1
icon: NI NI
23

France NI

Abstain (1)

1

Spain NI

1

United Kingdom NI

Abstain (1)

4

Romania NI

2

Bulgaria NI

2

Belgium NI

For (1)

1

Hungary NI

2
icon: Verts/ALE Verts/ALE
52

Spain Verts/ALE

2

United Kingdom Verts/ALE

5

Netherlands Verts/ALE

3

Belgium Verts/ALE

Abstain (1)

3

Portugal Verts/ALE

Abstain (1)

1

Denmark Verts/ALE

For (1)

Abstain (1)

2

Austria Verts/ALE

2

Finland Verts/ALE

Abstain (2)

2

Latvia Verts/ALE

Abstain (1)

1

Estonia Verts/ALE

Abstain (1)

1
AmendmentsDossier
204 2011/0135(COD)
2011/10/17 CULT 113 amendments...
source: PE-472.123
2011/10/20 IMCO 33 amendments...
source: PE-474.065
2011/12/01 JURI 58 amendments...
source: PE-478.366

History

(these mark the time of scraping, not the official date of the change)

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activities
  • date: 2011-05-24T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2011/0288/COM_COM(2011)0288_EN.pdf title: COM(2011)0288 type: Legislative proposal published celexid: CELEX:52011PC0288:EN body: EC commission: DG: url: http://ec.europa.eu/dgs/internal_market/ title: Internal Market and Services Commissioner: BARNIER Michel type: Legislative proposal published
  • date: 2011-06-07T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee: CULT date: 2011-07-13T00:00:00 committee_full: Culture and Education rapporteur: group: PPE name: VERHEYEN Sabine body: EP responsible: False committee: IMCO date: 2011-07-20T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: ECR name: BIELAN Adam body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP shadows: group: PPE name: MÉSZÁROS Alajos group: ALDE name: WIKSTRÖM Cecilia group: Verts/ALE name: LICHTENBERGER Eva group: ECR name: KARIM Sajjad group: GUE/NGL name: MAŠTÁLKA Jiří group: EFD name: SPERONI Francesco Enrico responsible: True committee: JURI date: 2011-07-11T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: MASIP HIDALGO Antonio
  • body: CSL meeting_id: 3133 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3133*&MEET_DATE=05/12/2011 type: Debate in Council title: 3133 council: Competitiveness (Internal Market, Industry, Research and Space) date: 2011-12-05T00:00:00 type: Council Meeting
  • date: 2011-12-20T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee: CULT date: 2011-07-13T00:00:00 committee_full: Culture and Education rapporteur: group: PPE name: VERHEYEN Sabine body: EP responsible: False committee: IMCO date: 2011-07-20T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: ECR name: BIELAN Adam body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP shadows: group: PPE name: MÉSZÁROS Alajos group: ALDE name: WIKSTRÖM Cecilia group: Verts/ALE name: LICHTENBERGER Eva group: ECR name: KARIM Sajjad group: GUE/NGL name: MAŠTÁLKA Jiří group: EFD name: SPERONI Francesco Enrico responsible: True committee: JURI date: 2011-07-11T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: MASIP HIDALGO Antonio
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-3&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0003/2012 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP responsible: False committee: CULT date: 2011-07-13T00:00:00 committee_full: Culture and Education rapporteur: group: PPE name: VERHEYEN Sabine body: EP responsible: False committee: IMCO date: 2011-07-20T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: ECR name: BIELAN Adam body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP shadows: group: PPE name: MÉSZÁROS Alajos group: ALDE name: WIKSTRÖM Cecilia group: Verts/ALE name: LICHTENBERGER Eva group: ECR name: KARIM Sajjad group: GUE/NGL name: MAŠTÁLKA Jiří group: EFD name: SPERONI Francesco Enrico responsible: True committee: JURI date: 2011-07-11T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: MASIP HIDALGO Antonio date: 2012-01-09T00:00:00
  • date: 2012-02-13T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20120213&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2012-02-14T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=21060&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-32 type: Decision by Parliament, 1st reading/single reading title: T7-0032/2012 body: EP type: Results of vote in Parliament
  • date: 2012-03-22T00:00:00 body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 3156
  • date: 2012-03-22T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2012-04-19T00:00:00 body: CSL type: Final act signed
  • date: 2012-04-19T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2012-05-16T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012R0386 title: Regulation 2012/386 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2012:129:TOC title: OJ L 129 16.05.2012, p. 0001
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council
  • body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 3156 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3156*&MEET_DATE=22/03/2012 date: 2012-03-22T00:00:00
  • body: CSL type: Council Meeting council: Competitiveness (Internal Market, Industry, Research and Space) meeting_id: 3133 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3133*&MEET_DATE=05/12/2011 date: 2011-12-05T00:00:00
docs
  • date: 2011-05-24T00:00:00 docs: url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=SECfinal&an_doc=2011&nu_doc=612 title: EUR-Lex title: SEC(2011)0612 type: Document attached to the procedure body: EC
  • date: 2011-05-24T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/sec/2011/0613/COM_SEC(2011)0613_EN.pdf title: SEC(2011)0613 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=SECfinal&an_doc=2011&nu_doc=613 title: EUR-Lex type: Document attached to the procedure body: EC
  • date: 2011-10-21T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE474.085 title: PE474.085 type: Committee draft report body: EP
  • date: 2011-11-23T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE470.071&secondRef=02 title: PE470.071 committee: IMCO type: Committee opinion body: EP
  • date: 2011-12-01T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE472.122&secondRef=02 title: PE472.122 committee: CULT type: Committee opinion body: EP
  • date: 2011-12-01T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE478.366 title: PE478.366 type: Amendments tabled in committee body: EP
  • date: 2012-03-21T00:00:00 docs: url: /oeil/spdoc.do?i=21060&j=0&l=en title: SP(2012)213 type: Commission response to text adopted in plenary
  • date: 2012-04-19T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=[%n4]%2F12&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 00080/2011/LEX type: Draft final act body: CSL
  • date: 2011-08-10T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2011)0288 title: COM(2011)0288 type: Contribution body: IT_SENATE
  • date: 2011-11-07T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2011)0288 title: COM(2011)0288 type: Contribution body: PT_PARLIAMENT
events
  • date: 2011-05-24T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2011/0288/COM_COM(2011)0288_EN.pdf title: COM(2011)0288 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2011&nu_doc=288 title: EUR-Lex summary: PURPOSE: to entrust the Office for Harmonisation in the Internal Market (Trade Marks and Designs) with certain tasks related to the protection of intellectual property rights, including the assembling of public and private sector representatives as a European Observatory on Counterfeiting and Piracy in order to avoid significant harm being caused by counterfeiting and piracy to the European economy and to the health and safety of European citizens. PROPOSED ACT: Regulation of the European Parliament and of the Council. BACKGROUND: the EU’s economic well-being relies on sustained creativity and innovation. Accordingly, the Europe 2020 Strategy highlights the need to strengthen the EU’s research performance, to promote innovation throughout the Member States, ensuring that innovative ideas can be turned into new products and services that create growth and quality jobs. Intellectual property rights (IPR) are vital business assets, which help to ensure that innovators and creators get a fair return for their work and investments. Over the last ten years, however, IPR infringements have increased significantly. In 2009, the OECD estimated that international trade in counterfeit and pirated goods accounted for USD 250 billion in 2007, which is larger than the national GDPs of 150 economies. Also, figures published by EU customs authorities reflect a clear increase in customs activity, with a rise in registered cases from 26 704 in 2005 to 43 572 in 2009, i.e. up by about 60 % in five years. One of the main initiatives to address this threat launched by the Council and the Commission in 2009 was to set up a European Observatory on Counterfeiting and Piracy to improve understanding on intellectual property rights (IPR) infringements ('the Observatory'). In line with the Council's request of 2008, the Observatory in its current form is a centre of expertise with no legal personality managed by the Commission services. The latest Council Resolution relating to the Observatory added further responsibilities, by inviting it to assess the needs for implementation of EU-level training programmes for those involved in combating counterfeiting and piracy. A September 2010 European Parliament Resolution additionally called for the Observatory to compile scientific research data on counterfeiting and IPR regulation. LEGAL BASIS: Article 114 and 118(1) of the Treaty on the Functioning of the European Union (TFEU). IMPACT ASSESSMENT: the Impact Assessment looked at three different options, each with a number of sub-options: Option 1: the Observatory continues to be administered by DG MARKT, but with extra resources: Sub-option 1a – DG MARKT’s human and budgetary resources are increased. Sub-option 1b – The management of the Observatory is outsourced to an external contractor. Option 2: tasks are performed by a private body or jointly under a public-private partnership: Sub-option 2a – Industry-led initiative, financed by private sector stakeholders. Sub-option 2b – Industry-led initiative, financed by a Commission grant/programme. Sub-option 2c – Public-private partnership (PPP). Option 3: the Observatory is entrusted to an EU agency: Sub-option 3a – The tasks of the Observatory are entrusted to a newly created EU agency. Sub-option 3b – The tasks of the Observatory are entrusted to an existing agency. In budgetary terms it would offer a cost-efficient solution (with total costs of between EUR 3.3 million and 4.3 million in the first two years and between EUR 4.74 million and 5.52 million as of year three) and allow costs to be covered by financial resources outside of the EU budget. The Commission concludes that Option 3b (entrusting the tasks to an existing EU agency, preferably OHIM) is the preferred option. It would allow the Observatory to have access to expertise, resources and financing and to become quickly operational. In budgetary terms it would offer a cost-efficient solution and allow costs to be covered by financial resources outside of the EU budget. CONTENT: over the last two years, the Observatory's institutional framework has been set up. This setting up phase of the Observatory having been concluded it shows that, due to a lack of funding , human resources, IT and meeting capacities and necessary expertise, with its current infrastructure it will not be able to meet its objectives in the future and that the taking on of additional tasks under the current setting would be excluded. It is proposed to entrust the Office for Harmonisation in the Internal Market with the tasks and activities relating to the management of the European Observatory on Counterfeiting and Piracy, including those concerning copyright, rights related to copyright and patents. The specific objectives are: to make public authorities and private stakeholders more aware of counterfeiting and piracy as regards their scope, impact and trends, and effective techniques to combat the problem and to improve day-to-day cooperation; to inform consumers of the economic impact and dangers related to counterfeiting and piracy and to help them avoid being misled into buying fake products; to improve the coordination of actions directed towards third countries. The operational objectives are to ensure that the Observatory has the necessary infrastructure (in terms of human resources, funding, IT and meeting capacities, expertise and independence from vested interests) to perform its tasks effectively, as quickly as possible and at minimum cost to the EU budget. These objectives dovetail with existing EU policies and strategies, such as Europe 2020. They also fit in with the Commission’s main priorities and proposals concerning its IPR strategy for Europe . BUDGETARY IMPLICATIONS: the proposal does not create any costs for the EU budget. Instead, it would allow for savings of around EUR 40 000 as certain costs that are currently borne by the EU budget would in future be borne by the OHIM’s budget.
  • date: 2011-06-07T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2011-12-05T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3133*&MEET_DATE=05/12/2011 title: 3133 summary: Ministers took note of the progress made on three files under examination by the Council preparatory bodies in the field of intellectual property: · a draft directive on the protection of orphan works ; · a draft regulation for entrusting the Office for Harmonisation in the Internal Market with certain tasks related to the protection of intellectual property; and · a draft regulation concerning customs enforcement of intellectual property rights.
  • date: 2011-12-20T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2012-01-09T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-3&language=EN title: A7-0003/2012 summary: The Committee on Legal Affairs adopted the report drafted by Antonio MASIP HIDALGO (S&D, ES) on the proposal for a regulation of the European Parliament and of the Council on entrusting the Office for Harmonisation in the Internal Market (Trade Marks and Designs) with certain tasks related to the protection of intellectual property rights, including the assembling of public and private sector representatives as a European Observatory on Counterfeiting and Piracy. It recommended that the European Parliament’s position, adopted at first reading under the ordinary legislative procedure, should be to amend the Commission proposal as follows: Subject matter and scope : Members stipulate that the this Regulation entrusts the Office for Harmonization in the Internal Market with tasks aimed at facilitating and supporting the activities of national authorities, the private sector and the institutions of the Union in the fight against infringements of the intellectual property rights covered by Directive 2004/48/EC on the enforcement of intellectual property rights. In carrying out these tasks, the Office shall organise, administer and support the gathering of experts, authorities and stakeholders assembled under the name "European Observatory on the infringements of Intellectual Property Rights". The tasks and activities of the Office under this Regulation do not extend to participation in individual operations or investigations carried out by the competent authorities. Tasks and activities : the Office shall have the following tasks: improving the understanding on the value of intellectual property; improving the understanding on the scope and impact of infringements of intellectual property rights; assisting in raising citizens' awareness of the impact of infringements of intellectual property rights; enhancing the knowledge on technical tools to prevent and tackle the infringement of intellectual property rights, including tracking and tracing systems which help to distinguish genuine from counterfeit products; providing mechanisms which help to improve the online exchange, between Member States' authorities working in the field of intellectual property rights, of information related to the enforcement of such rights, and fostering cooperation with and between these authorities. In the fulfilment of the tasks, the Office shall carry out the following activities : providing regular assessments and specific reports by economic sector, including an assessment of the effects on SMEs, as well as health, environment, safety and security; collecting, analysing and disseminating information regarding best practices between the representatives meeting as the Observatory, and, if applicable, making recommendations for strategies based on such practices; drawing up reports and publications to raise awareness among the Union's citizens of the impact of infringements of intellectual property rights, and to this end, organising conferences, events and meetings at European and international levels as well as assisting national and pan-European actions, including on-line and off-line campaigns, principally by providing data and information; monitoring the development of new competitive business models that enlarge the legal offer of cultural and creative content, encouraging the exchange of information and raising consumer awareness in this respect; organising ad hoc meetings of experts, including meetings of academic experts and meetings of relevant representatives of the civil society, to support its work under this Regulation. Meetings of the Observatory : in order to carry out the activities, the Office shall invite to meetings of the Observatory, at least once a year, representatives from public administrations, bodies and organisations in the Member States dealing with intellectual property rights and representatives from the private sector, for the purpose of participating in the Office's work under this Regulation. Representatives meeting as the Observatory invited from the private sector shall include a broad, representative and balanced range of Union and national bodies representing the different economic sectors, including the creative industries , most concerned by or most experienced in the fight against infringements of intellectual property rights. Members or other representatives of the European Parliament and representatives from the Commission shall be invited to any of the meetings, either as participants or observers, as appropriate. The names of the representatives, the agenda and the minutes of the meetings shall be published on the Office's website. Information obligations : without prejudice to the law governing the processing of personal data and to the protection of confidential information, private sector representatives meeting as the Observatory shall, when possible, at the request of the Office: inform the Office of policies and strategies in their field of activity on the enforcement of intellectual property rights and any changes thereto; provide statistical data on infringements of intellectual property rights in their field of activity. Content of the work programme and of the management report : the Office shall draw up an annual work programme that prioritises the activities appropriately under this Regulation and for the meetings of the Observatory, in line with the Union's policies and priorities in the field of protection of intellectual property rights, and in cooperation with the Observatory representatives. The work programme shall be submitted to the Office’s Administrative Board for information. It shall contain an overall assessment of the fulfilment of the Office's tasks as well as observations on the enforcement of intellectual property rights and potential future policies and strategies, including on how to enhance an effective cooperation with and between Member States. The President of the Office shall consult the Observatory representatives on the relevant parts of the management report referred to in this Article before submitting the report to the European Parliament, the Commission and the Administrative Board.
  • date: 2012-02-13T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20120213&type=CRE title: Debate in Parliament
  • date: 2012-02-14T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=21060&l=en title: Results of vote in Parliament
  • date: 2012-02-14T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-32 title: T7-0032/2012 summary: The European Parliament adopted by 569 votes to 15 with 71 abstentions a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on entrusting the Office for Harmonisation in the Internal Market (Trade Marks and Designs) with certain tasks related to the protection of intellectual property rights, including the assembling of public and private sector representatives as a European Observatory on Counterfeiting and Piracy Parliament adopted its position on first reading following the ordinary legislative procedure. The amendments adopted in plenary are the result of an agreement negotiated between Parliament and Council. The main amendments are as follows: Subject matter and scope : in accordance with Members’ requirements, it is stipulated the Regulation entrusts the Office for Harmonisation in the Internal Market (Trade Marks and Designs) with tasks aimed at facilitating and supporting the activities of national authorities, the private sector and the Union institutions in the fight against infringements of the intellectual property rights covered by Directive 2004/48/EC. In carrying out these tasks the Office shall organise, administer and support the gathering of experts, authorities and stakeholders assembled under the name ‘European Observatory on Infringements of Intellectual Property Rights ’. Tasks and activities : the tasks and activities of the Office under the Regulation do not extend to participation in individual operations or investigations carried out by the competent authorities. The Office shall have the following tasks: · improving understanding of the value of intellectual property; · improving understanding of the scope and impact of infringements of intellectual property rights; · assisting in raising citizens' awareness of the impact of infringements of intellectual property rights; · enhancing knowledge of the technical tools needed to prevent and tackle infringements of intellectual property rights, including tracking and tracing systems which help to distinguish genuine products from counterfeit ones · providing mechanisms which help to improve the online exchange, between Member States' authorities working in the field of intellectual property rights, of information relating to the enforcement of such rights, and fostering cooperation with and between those authorities; · working, in consultation with Member States, to foster international cooperation with intellectual property offices in third countries so as to build strategies and develop techniques for the enforcement of intellectual property rights, skills and tools. In the fulfilment of these tasks, the Office shall carry out the following activities : · establishing a transparent methodology for the collection, analysis and reporting of independent, objective, comparable and reliable data relating to infringements of intellectual property rights; · providing regular assessments and specific reports by economic sector, geographic area and type of intellectual property right infringed, which evaluate, inter alia, the impact of infringements of intellectual property rights on society and the economy, including an assessment of the effects on small and medium-sized enterprises, as well as on health, the environment, safety and security; · collecting, analysing and disseminating information regarding best practices between the representatives meeting as the Observatory, and, if applicable, making recommendations for strategies based on such practices; · assisting national and Europe-wide actions, including online and offline campaigns, principally by providing data and information; · monitoring the development of new competitive business models which enlarge the legal offer of cultural and creative content, and encouraging the exchange of information and raising consumer awareness in this respect; · organising ad hoc meetings of experts, including academic experts and relevant representatives of civil society, to support its work under this Regulation; · identifying and promoting technical tools for professionals and benchmark techniques, including tracking and tracing systems which help to distinguish genuine products from counterfeit ones; · working with national authorities and the Commission to develop an online network facilitating the exchange of information on infringements of intellectual property rights between public administrations, bodies and organisations in the Member States dealing with the protection and enforcement of those rights. In carrying out these tasks and activities, the Office shall comply with existing provisions of Union law on data protection. Meetings of the Observatory : in order to carry out the activities the Office shall at least once per year invite to meetings of the Observatory representatives from public administrations, bodies and organisations in the Member States dealing with intellectual property rights and representatives from the private sector. Representatives meeting as the Observatory invited from the private sector shall include a broad, representative and balanced range of Union and national bodies representing the different economic sectors, including the creative industries. Consumer organisations, small and medium-sized enterprises, authors and other creators shall be properly represented. In addition to these meetings, the Office shall organise meetings consisting of: (i) representatives from the public administrations, bodies and organisations in the Member States, or (ii) private sector representatives. Members or other representatives of the European Parliament and representatives from the Commission shall be invited to any of the meetings, either as participants or observers, as appropriate. The names of the representatives attending, the agenda and the minutes shall be published on the Office's website. Information obligations : without prejudice to the law governing the processing of personal data and to the protection of confidential information, private-sector representatives meeting as the Observatory shall, when possible, at the request of the Office: · inform the Office of policies and strategies in their field of activity on the enforcement of intellectual property rights and any changes thereto, · provide statistical data on infringements of intellectual property rights in their field of activity. Content of the work programme and of the management report : the Office shall draw up an annual work programme that appropriately prioritises the activities under this Regulation and for the meetings of the Observatory, in line with the Union's policies and priorities in the field of protection of intellectual property rights and in cooperation with the at the Observatory. The activity report shall contain (a) observations on the enforcement of intellectual property rights and potential future policies and strategies, including on how to enhance effective cooperation with and between Member States; (b) an overall assessment of the proper representation in the Observatory of all the actors. Lastly, before submitting the management report to the European Parliament, the Commission and the Administrative Board, the President of the Office shall consult the on the relevant parts of the report.
  • date: 2012-03-22T00:00:00 type: Act adopted by Council after Parliament's 1st reading body: EP/CSL
  • date: 2012-04-19T00:00:00 type: Final act signed body: CSL
  • date: 2012-04-19T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2012-05-16T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to entrust the Office for Harmonisation in the Internal Market (Trade Marks and Designs) with certain tasks related to the protection of intellectual property rights (IPR). LEGISLATIVE ACT: Regulation (EU) No 386/2012 of the European Parliament and of the Council on entrusting the Office for Harmonization in the Internal Market (Trade Marks and Designs) with tasks related to the enforcement of intellectual property rights, including the assembling of public and private-sector representatives as a European Observatory on Infringements of Intellectual Property Rights. CONTENT: the Council adopted a Regulation entrusting the EU's office for harmonisation in the internal market (OHIM) with new tasks related to the enforcement of intellectual property rights . The adoption follows an agreement with the European Parliament at first reading. The OHIM, which is the EU's trade marks and designs office, will carry out new tasks aimed at facilitating and supporting the activities of national authorities, the private sector and the EU institutions in the fight against infringements of intellectual property rights. In carrying out these tasks the OHIM will organise, administer and support the gathering of experts, authorities and stakeholders assembled under the " European observatory on infringements of intellectual property rights ". The new tasks of the OHIM do not extend to participation in individual operations or investigations carried out by national authorities. Tasks and activities : the Office shall have the following tasks: improving understanding of the value of intellectual property; improving understanding of the scope and impact of infringements of intellectual property rights; enhancing knowledge of best public and private sector practices to protect intellectual property rights; assisting in raising citizens’ awareness of the impact of infringements of intellectual property rights; enhancing the expertise of persons involved in the enforcement of intellectual property rights; enhancing knowledge of technical tools to prevent and tackle infringements of intellectual property rights, including tracking and tracing systems which help to distinguish genuine products from counterfeit ones; providing mechanisms which help to improve the online exchange, between Member States’ authorities working in the field of intellectual property rights, of information relating to the enforcement of such rights, and fostering cooperation with and between those authorities; working, in consultation with Member States, to foster international cooperation with intellectual property offices in third countries so as to build strategies and develop techniques, skills and tools for the enforcement of intellectual property rights. Meetings of the Observatory : in order to carry out the activities, the Office shall at least once per year invite to meetings of the Observatory representatives from public administrations, bodies and organisations in the Member States dealing with intellectual property rights and representatives from the private sector, for the purpose of their participation in the Office’s work under this Regulation. Private-sector representatives invited to meetings of the Observatory shall include a broad, representative and balanced range of Union and national bodies representing the different economic sectors, including the creative industries . Consumer organisations, small and medium-sized enterprises, authors and other creators shall be properly represented. Members or other representatives of the European Parliament and representatives from the Commission shall be invited to any of the meetings covered by this Article, either as participants or observers, as appropriate. Information obligations : private-sector representatives meeting as the Observatory shall, when possible, at the request of the Office: (a) inform the Office of policies and strategies in their field of activity on the enforcement of intellectual property rights and any changes thereto; (b) provide statistical data on infringements of intellectual property rights in their field of activity. Content of the work programme and of the management report : the Office shall draw up an annual work programme that appropriately prioritises the activities under this Regulation and for the meetings of the Observatory, in line with the Union’s policies and priorities in the field of protection of intellectual property rights and in cooperation with the representatives from the Observatory. Before submitting the management report to the European Parliament, the Commission and the Administrative Board, the President of the Office shall consult the representatives on the relevant parts of the report. Evaluation: the Commission shall adopt a report evaluating the application of this Regulation by 6 June 2017. The report shall assess the operation of this Regulation, in particular as regards its impact on the enforcement of intellectual property rights in the internal market. ENTRY INTO FORCE: 05/06/2012. docs: title: Regulation 2012/386 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012R0386 title: OJ L 129 16.05.2012, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2012:129:TOC
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/dgs/internal_market/ title: Internal Market and Services commissioner: BARNIER Michel
otherinst
  • name: European Economic and Social Committee
procedure/Mandatory consultation of other institutions
Economic and Social Committee
procedure/Modified legal basis
Old
Rules of Procedure of the European Parliament EP 150
New
Rules of Procedure EP 150
procedure/dossier_of_the_committee
Old
JURI/7/06109
New
  • JURI/7/06109
procedure/final/url
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012R0386
New
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012R0386
procedure/other_consulted_institutions
European Economic and Social Committee
procedure/subject
Old
  • 2.10.03 Standardisation, EC standards and trademark, certification, compliance
  • 3.50.15 Intellectual property, copyright
  • 3.50.16 Industrial property, European patent, Community patent, design and pattern
  • 4.45.10 Literary and artistic property
  • 7.30.30.10 Action against counterfeiting
  • 8.40.08 Agencies and bodies of the EU
New
2.10.03
Standardisation, EC/EU standards and trade mark, certification, compliance
3.50.15
Intellectual property, copyright
3.50.16
Industrial property, European patent, Community patent, design and pattern
4.45.10
Literary and artistic property
7.30.30.10
Action against counterfeiting
8.40.08
Agencies and bodies of the EU
activities/0/docs/0/celexid
CELEX:52011PC0288:EN
activities/0/docs/0/celexid
CELEX:52011PC0288:EN
activities/0/docs/0/url
Old
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2011/0288/COM_COM(2011)0288_EN.pdf
New
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2011/0288/COM_COM(2011)0288_EN.pdf
links/European Commission/title
Old
PreLex
New
EUR-Lex
activities
  • date: 2011-05-24T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2011/0288/COM_COM(2011)0288_EN.pdf title: COM(2011)0288 type: Legislative proposal published celexid: CELEX:52011PC0288:EN body: EC type: Legislative proposal published commission: DG: url: http://ec.europa.eu/dgs/internal_market/ title: Internal Market and Services Commissioner: BARNIER Michel
  • date: 2011-06-07T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee: CULT date: 2011-07-13T00:00:00 committee_full: Culture and Education rapporteur: group: PPE name: VERHEYEN Sabine body: EP responsible: False committee: IMCO date: 2011-07-20T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: ECR name: BIELAN Adam body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP shadows: group: PPE name: MÉSZÁROS Alajos group: ALDE name: WIKSTRÖM Cecilia group: Verts/ALE name: LICHTENBERGER Eva group: ECR name: KARIM Sajjad group: GUE/NGL name: MAŠTÁLKA Jiří group: EFD name: SPERONI Francesco Enrico responsible: True committee: JURI date: 2011-07-11T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: MASIP HIDALGO Antonio
  • body: CSL meeting_id: 3133 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3133*&MEET_DATE=05/12/2011 type: Debate in Council title: 3133 council: Competitiveness (Internal Market, Industry, Research and Space) date: 2011-12-05T00:00:00 type: Council Meeting
  • date: 2011-12-20T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee: CULT date: 2011-07-13T00:00:00 committee_full: Culture and Education rapporteur: group: PPE name: VERHEYEN Sabine body: EP responsible: False committee: IMCO date: 2011-07-20T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: ECR name: BIELAN Adam body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP shadows: group: PPE name: MÉSZÁROS Alajos group: ALDE name: WIKSTRÖM Cecilia group: Verts/ALE name: LICHTENBERGER Eva group: ECR name: KARIM Sajjad group: GUE/NGL name: MAŠTÁLKA Jiří group: EFD name: SPERONI Francesco Enrico responsible: True committee: JURI date: 2011-07-11T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: MASIP HIDALGO Antonio
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2012-3&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0003/2012 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP responsible: False committee: CULT date: 2011-07-13T00:00:00 committee_full: Culture and Education rapporteur: group: PPE name: VERHEYEN Sabine body: EP responsible: False committee: IMCO date: 2011-07-20T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: ECR name: BIELAN Adam body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE body: EP shadows: group: PPE name: MÉSZÁROS Alajos group: ALDE name: WIKSTRÖM Cecilia group: Verts/ALE name: LICHTENBERGER Eva group: ECR name: KARIM Sajjad group: GUE/NGL name: MAŠTÁLKA Jiří group: EFD name: SPERONI Francesco Enrico responsible: True committee: JURI date: 2011-07-11T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: MASIP HIDALGO Antonio date: 2012-01-09T00:00:00
  • date: 2012-02-13T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20120213&type=CRE type: Debate in Parliament title: Debate in Parliament body: EP type: Debate in Parliament
  • date: 2012-02-14T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=21060&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2012-32 type: Decision by Parliament, 1st reading/single reading title: T7-0032/2012 body: EP type: Results of vote in Parliament
  • date: 2012-03-22T00:00:00 body: CSL type: Council Meeting council: Transport, Telecommunications and Energy meeting_id: 3156
  • date: 2012-03-22T00:00:00 body: EP/CSL type: Act adopted by Council after Parliament's 1st reading
  • date: 2012-04-19T00:00:00 body: CSL type: Final act signed
  • date: 2012-04-19T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2012-05-16T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32012R0386 title: Regulation 2012/386 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2012:129:TOC title: OJ L 129 16.05.2012, p. 0001
committees
  • body: EP responsible: False committee: CULT date: 2011-07-13T00:00:00 committee_full: Culture and Education rapporteur: group: PPE name: VERHEYEN Sabine
  • body: EP responsible: False committee: IMCO date: 2011-07-20T00:00:00 committee_full: Internal Market and Consumer Protection rapporteur: group: ECR name: BIELAN Adam
  • body: EP responsible: False committee_full: Industry, Research and Energy committee: ITRE
  • body: EP shadows: group: PPE name: MÉSZÁROS Alajos group: ALDE name: WIKSTRÖM Cecilia group: Verts/ALE name: LICHTENBERGER Eva group: ECR name: KARIM Sajjad group: GUE/NGL name: MAŠTÁLKA Jiří group: EFD name: SPERONI Francesco Enrico responsible: True committee: JURI date: 2011-07-11T00:00:00 committee_full: Legal Affairs rapporteur: group: S&D name: MASIP HIDALGO Antonio
links
National parliaments
European Commission
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/dgs/internal_market/ title: Internal Market and Services commissioner: BARNIER Michel
procedure
dossier_of_the_committee
JURI/7/06109
Mandatory consultation of other institutions
Economic and Social Committee
reference
2011/0135(COD)
subtype
Legislation
legal_basis
stage_reached
Procedure completed
instrument
Regulation
Modified legal basis
Rules of Procedure of the European Parliament EP 150
title
Office for Harmonisation in the Internal Market (Trade Marks and Designs): tasks related to the protection of intellectual property rights
type
COD - Ordinary legislative procedure (ex-codecision procedure)
final
subject