Progress: Procedure completed
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | JURI | MASIP HIDALGO Antonio ( S&D) | MÉSZÁROS Alajos ( PPE), WIKSTRÖM Cecilia ( ALDE), LICHTENBERGER Eva ( Verts/ALE), KARIM Sajjad ( ECR), SPERONI Francesco Enrico ( EFD) |
Committee Opinion | CULT | VERHEYEN Sabine ( PPE) | Emma McCLARKIN ( ECR), Marie-Christine VERGIAT ( GUE/NGL) |
Committee Opinion | IMCO | BIELAN Adam ( ECR) | |
Committee Opinion | ITRE |
Lead committee dossier:
Legal Basis:
TFEU 114-p1, TFEU 118-p1
Legal Basis:
TFEU 114-p1, TFEU 118-p1Subjects
- 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
Events
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.
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.
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.
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
- Follow-up document: EUR-Lex
- Follow-up document: SWD(2020)0282
- Follow-up document: COM(2020)0755
- Follow-up document: EUR-Lex
- Final act published in Official Journal: Regulation 2012/386
- Final act published in Official Journal: OJ L 129 16.05.2012, p. 0001
- Draft final act: 00080/2011/LEX
- Commission response to text adopted in plenary: SP(2012)213
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T7-0032/2012
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading/single reading: A7-0003/2012
- Committee report tabled for plenary, 1st reading: A7-0003/2012
- Debate in Council: 3133
- Committee opinion: PE472.122
- Amendments tabled in committee: PE478.366
- Committee opinion: PE470.071
- Contribution: COM(2011)0288
- Committee draft report: PE474.085
- Contribution: COM(2011)0288
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2011)0612
- Document attached to the procedure: SEC(2011)0613
- Document attached to the procedure: EUR-Lex
- Legislative proposal published: COM(2011)0288
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SEC(2011)0612
- Document attached to the procedure: SEC(2011)0613 EUR-Lex
- Committee draft report: PE474.085
- Committee opinion: PE470.071
- Committee opinion: PE472.122
- Amendments tabled in committee: PE478.366
- Committee report tabled for plenary, 1st reading/single reading: A7-0003/2012
- Commission response to text adopted in plenary: SP(2012)213
- Draft final act: 00080/2011/LEX
- Follow-up document: COM(2020)0755 EUR-Lex
- Follow-up document: EUR-Lex SWD(2020)0282
- Contribution: COM(2011)0288
- Contribution: COM(2011)0288
Activities
- Paul RÜBIG
Plenary Speeches (3)
- 2016/11/22 Office for Harmonisation in the Internal Market (Trade Marks and Designs) and protection of intellectual property rights (debate)
- 2016/11/22 Office for Harmonisation in the Internal Market (Trade Marks and Designs) and protection of intellectual property rights (debate)
- 2016/11/22 Office for Harmonisation in the Internal Market (Trade Marks and Designs) and protection of intellectual property rights (debate)
- Marielle BOULLIER GALLO
Plenary Speeches (2)
- Sajjad KARIM
Plenary Speeches (2)
- Antonio MASIP HIDALGO
Plenary Speeches (2)
- Alexandra THEIN
Plenary Speeches (2)
- Raffaele BALDASSARRE
- Elena BĂSESCU
- Christian ENGSTRÖM
- Ildikó GÁLL-PELCZ
- Lidia Joanna GERINGER DE OEDENBERG
- Eva LICHTENBERGER
- Emma McCLARKIN
- Edward MCMILLAN-SCOTT
- Miguel Angel MARTÍNEZ MARTÍNEZ
- Iosif MATULA
- Alajos MÉSZÁROS
- Paul NUTTALL
- Silvia-Adriana ȚICĂU
Votes
A7-0003/2012 - Antonio Masip Hidalgo - Vote unique #
Amendments | Dossier |
204 |
2011/0135(COD)
2011/10/17
CULT
113 amendments...
Amendment 100 #
Proposal for a regulation Article 2 – paragraph 2 – point l (l)
Amendment 101 #
Proposal for a regulation Article 2 – paragraph 2 – point m Amendment 102 #
Proposal for a regulation Article 2 – paragraph 2 – point m (m) developing programmes on technical assistance for third countries as well as developing and delivering specific training programmes and events for
Amendment 103 #
Proposal for a regulation Article 2 – paragraph 2 – point m (m) developing programmes on technical and expert assistance for third countries and propagating and communicating good practices, as well as developing and delivering specific training programmes and events for officials from third countries involved in the protection of intellectual property rights;
Amendment 104 #
Proposal for a regulation Article 2 – paragraph 2 – point m (m) developing programmes on technical assistance for third countries as well as developing and delivering specific training programmes and events for officials from third countries involved in the protection of intellectual property rights; cooperating with them to identify new counterfeiting methods and pinpoint ways of combating those practices;
Amendment 105 #
Proposal for a regulation Article 2 – paragraph 2 – point p Amendment 106 #
Proposal for a regulation Article 4 – paragraph 1 1. The Office shall invite to the meetings referred to in point (a) of Article 2(2) representatives from public administrations, bodies and organisations dealing with the protection of intellectual property rights and representatives from non-governmental organisations and the private sector.
Amendment 107 #
Proposal for a regulation Article 4 – paragraph 1 Amendment 108 #
Proposal for a regulation Article 4 – paragraph 1 1. The Office shall invite to the meetings referred to in point (a) of Article 2(2) representatives from public administrations, academic circles, bodies and organisations dealing with the protection of intellectual property rights and representatives from the private sector.
Amendment 109 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 1 Representatives meeting as the Observatory invited from
Amendment 110 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 1 Representatives meeting as the Observatory invited from the private sector shall include a broad and representative range of Union and national bodies representing the different
Amendment 111 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 2 Consumer organisations and small and medium sized enterprises shall be
Amendment 112 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 2 Amendment 113 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 2 Amendment 114 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 2 Consumer organisations, internet intermediaries, stakeholders from the cultural and creative sectors and small and medium sized enterprises shall be properly represented.
Amendment 115 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 2 Consumer organisations
Amendment 116 #
Proposal for a regulation Article 4 – paragraph 3 3. The Office shall invite one national representative from each Member State, and five representatives each from the European Parliament and the Commission. When Parliament’s representatives are appointed, due account must be taken of the committees on which Members sit, so as to ensure that areas in which the impact of intellectual property rights is the greatest, such as industry, culture or health, are represented as fully as possible.
Amendment 117 #
Proposal for a regulation Article 4 – paragraph 5 5. The meetings referred to in point (a) of Article 2(2) may also be organised in working groups within the Observatory.
Amendment 118 #
Proposal for a regulation Article 4 – paragraph 5 5. The meetings referred to in point (a) of Article 2(2) may also be organised in working groups within the Observatory. Up to two representatives from the European Parliament and up to two representatives from the Commission shall be invited to the meetings of the working groups
Amendment 119 #
Proposal for a regulation Article 5 – introductory wording Amendment 120 #
Proposal for a regulation Article 5 – point c a (new) (ca) operate transparently by publishing and making easily accessible all relevant information, such as the results of research, statistics and case-law discussed, and by publishing detailed minutes of meetings.
Amendment 121 #
Proposal for a regulation Article 5 – paragraph 1 a (new) 1a. Personal data shall not be transferred, processed, stored or used for any other purpose, even on the instructions of the Office or the Observatory.
Amendment 122 #
Proposal for a regulation Article 5 – paragraph 1 a (new) 1a. The Office shall take account of existing obligations on Member States requiring them to provide information on infringements of intellectual property rights, and shall seek to avoid duplication of efforts.
Amendment 123 #
Proposal for a regulation Article 7 – paragraph 1 – point e (e) recommendations on the future policies in the area of the protection of intellectual property rights, including on how to enhance
Amendment 124 #
Proposal for a regulation Article 7 – paragraph 1 – point e (e)
Amendment 125 #
Proposal for a regulation Article 7 – paragraph 1 – point e (e) recommendations on the future policies in the area of the protection of intellectual property rights, including on how to enhance an effective cooperation between Member States
Amendment 126 #
Proposal for a regulation Article 8 – paragraph 2 2. The evaluation report shall assess the performance of the Office in the operation of this Regulation, in particular as regards its impact on the protection of intellectual property rights in the internal market, and focus on the various areas and sectors over which intellectual property rights have a bearing.
Amendment 14 #
Proposal for a regulation Recital 1 (1) The
Amendment 15 #
Proposal for a regulation Recital 1 (1) The economic well-being of the European Union (hereinafter referred to as "the Union") relies on sustained creativity and innovation. Therefore measures for both their promotion and their effective protection are indispensible in ensuring
Amendment 16 #
Proposal for a regulation Recital 1 (1) The economic and cultural well-being of the European Union (hereinafter referred to as ‘the Union’) relies on sustained creativity and innovation. Therefore measures for their effective protection and the ability to develop or introduce new tools to access creative works are indispensible in ensuring its future prosperity.
Amendment 17 #
Proposal for a regulation Recital 2 (2) Intellectual property rights
Amendment 18 #
Proposal for a regulation Recital 2 (2) Intellectual property rights
Amendment 19 #
Proposal for a regulation Recital 2 (2) Intellectual property rights are vital business assets that help to ensure that innovators and creators get a fair return for their work and that their investment in research and new ideas is protected. A balanced level of protection is required to allow innovators and creators to develop and invent new tools which offer access to creative works, thereby increasing the overall market and income for goods and services which are protected by intellectual property rights.
Amendment 20 #
Proposal for a regulation Recital 2 a (new) (2a) The constantly changing digital economy has had an impact on the effectiveness of the current framework of measures and instruments for protecting intellectual property rights, in particular in relation to on-line content. The new digital environment is also changing consumers’ and users’ relationship with the content and goods to which such rights are attached. It must therefore be ensured that the European Observatory on Counterfeiting and Piracy has the modern infrastructure and the funding required to perform its tasks effectively and to be able to make use of instruments tailored to the new digital environment.
Amendment 21 #
Proposal for a regulation Recital 2 a (new) (2a) The evolving digital economy has given rise to an increase in online intellectual property infringements involving counterfeiting, unauthorised copying and piracy which has had significant impact on the European economy and the cultural and creative sectors. It is therefore necessary to set up a European Observatory on Counterfeiting and Piracy and to ensure that it has the necessary infrastructure and funding to perform its tasks effectively and to help combat infringements of intellectual property rights.
Amendment 22 #
Proposal for a regulation Recital 3 Amendment 23 #
Proposal for a regulation Recital 3 (3) A
Amendment 24 #
Proposal for a regulation Recital 3 (3) A
Amendment 25 #
Proposal for a regulation Recital 3 a (new) (3a) The Office for Harmonisation in the Internal Market is needed in order to provide more effective protection of intellectual property rights in Europe.
Amendment 26 #
Proposal for a regulation Recital 3 a (new) (3a) In duly enforcing the current legal framework and considering future changes and amendments thereto, due respect should be shown for the public’s right of access to culture and to the new creativity and personal development tools provided by new information and communication technologies.
Amendment 27 #
Proposal for a regulation Recital 4 Amendment 28 #
Proposal for a regulation Recital 4 Amendment 29 #
Proposal for a regulation Recital 4 (4)
Amendment 30 #
Proposal for a regulation Recital 4 (4)
Amendment 31 #
Proposal for a regulation Recital 4 (4) The constant rise of infringements of intellectual property rights and the supply of goods that could seriously harm consumers constitute
Amendment 32 #
Proposal for a regulation Recital 4 (4) The constant rise of infringements of intellectual property rights constitutes a genuine threat not only to the Union economy, but also to the health and safety of Union consumers, as well as to European cultural and linguistic diversity and heritage and their sustainable protection and promotion. Therefore, effective, immediate and coordinated actions at European and global levels are needed to successfully combat this phenomenon.
Amendment 33 #
Proposal for a regulation Recital 4 (4) The constant rise of infringements of intellectual property rights constitutes a
Amendment 34 #
Proposal for a regulation Recital 5 Amendment 35 #
Proposal for a regulation Recital 6 Amendment 36 #
Proposal for a regulation Recital 6 (6) The Communication set out that the Observatory should become the central resource for gathering, monitoring and reporting information and data related to all intellectual property rights infringements. It should be used as a platform for cooperation between representatives from national authorities and stakeholders to exchange ideas and
Amendment 37 #
Proposal for a regulation Recital 6 (6) The Communication set out that the Observatory should become the central resource for gathering, monitoring and reporting information and data related to all intellectual property rights infringements. It should be used as a platform for cooperation between representatives from national authorities and all public and private stakeholders to exchange ideas and expertise on best practices, to develop joint enforcement strategies and to make recommendations to policy-makers. The Communication specified that the Observatory would be hosted and managed by the services of the Commission.
Amendment 38 #
Proposal for a regulation Recital 7 (7) In its Resolution on the enforcement of intellectual property rights in the internal market of 1 March 2010, the Council invited the Commission, the Member States and industry to provide the Observatory with available reliable and comparable data on counterfeiting and piracy and to jointly develop and agree, in the context of the Observatory, on plans to collect further information. The Council also invited the Observatory to publish each year a comprehensive annual report covering the scope, scale and principal characteristics of counterfeiting and piracy as well as its impact on the internal market. That annual report should not be prepared with the information provided by the authorities of the Member States, the Commission and the private sector, within the limits of data protection law, on the scope, scale and principal characteristics of counterfeiting and piracy as well as its impact on the internal market, as this would involve an onerous and unnecessary burden of expensive red tape and a duplication of existing functions, for example between local authority tradings standards offices.
Amendment 39 #
Proposal for a regulation Recital 7 (7) In its Resolution on the enforcement of intellectual property rights in the internal
Amendment 40 #
Proposal for a regulation Recital 7 (7) In its Resolution on the enforcement of intellectual property rights in the internal market of 1 March 2010, the Council invited the Commission, the Member States and industry to provide the Observatory with available reliable and comparable data on counterfeiting and
Amendment 41 #
Proposal for a regulation Recital 11 (11) In view of the range of tasks assigned to the Observatory, a solution is needed to ensure an adequate and sustainable infrastructure for the fulfilment of the tasks of the Observatory without generating additional costs.
Amendment 42 #
Proposal for a regulation Recital 11 (11) In view of the range of tasks assigned to the Observatory, a solution is needed to ensure an adequate and sustainable infrastructure for the fulfilment of the tasks of the Observatory as well as the resources required to do so. The means employed need to be tailored to the complexity of the Observatory’s remit, which covers a range of very different areas that are particularly sensitive, given that citizens' rights are involved.
Amendment 43 #
Proposal for a regulation Recital 14 (14) Those tasks should relate to all intellectual property rights covered by Union law or the national law of the Member State concerned in this field since in many cases, infringing acts affect a bundle of intellectual property rights. Furthermore,
Amendment 44 #
Proposal for a regulation Recital 16 Amendment 45 #
Proposal for a regulation Recital 16 (16) Assembled by the Office, the Observatory should become a centre of excellence on information and data related to infringements of intellectual property rights, by benefiting from the
Amendment 46 #
Proposal for a regulation Recital 17 (17) The Office should offer a forum that brings together public authorities and the private sector, ensuring the collection, analysis and dissemination of relevant objective, comparable and reliable data regarding the value of intellectual property rights
Amendment 47 #
Proposal for a regulation Recital 17 (17) The Office should offer a forum that brings together public authorities and the private sector, ensuring the collection, analysis and dissemination of relevant objective, comparable and reliable data regarding the value of intellectual property rights and the infringements of those rights, the development of best practices and
Amendment 48 #
Proposal for a regulation Recital 17 (17) The Office should offer a forum that brings together public authorities and the private sector, ensuring the collection, analysis and dissemination of relevant objective, comparable and reliable data regarding the value of intellectual property rights and the infringements of those rights, the development of best practices and strategies to protect intellectual property rights, and raising public awareness of the impacts of intellectual property rights infringements. Furthermore, the Office should fulfil additional tasks, such as to improve the understanding of the value of intellectual property rights, enhance the expertise of persons involved in the enforcement of intellectual property rights by appropriate training measures, increase knowledge on techniques to prevent
Amendment 49 #
Proposal for a regulation Recital 17 (17) The Office should offer a forum that brings together public authorities and the private sector, ensuring the collection, analysis and dissemination of relevant objective, comparable and reliable data regarding the value of intellectual property rights and the infringements of those rights, the development of best practices and strategies to protect intellectual property rights, and raising public awareness of the impacts of intellectual property rights infringements. Furthermore, the Office should fulfil additional tasks, such as to
Amendment 50 #
Proposal for a regulation Recital 17 (17) The Office should offer a forum that brings together public authorities
Amendment 51 #
Proposal for a regulation Recital 17 (17) The Office should offer a forum that brings together public authorities and the private sector, ensuring the collection, analysis and dissemination of relevant objective, comparable and reliable data regarding the value of intellectual property rights and the infringements of those rights, the development of best practices and strategies to protect intellectual property rights, and raising public awareness of the impacts of intellectual property rights infringements. Furthermore, the Office should fulfil additional tasks, such as to improve the understanding of the value of intellectual property rights, enhance the expertise of persons involved in the enforcement of intellectual property rights by appropriate training measures, increase knowledge on techniques to prevent counterfeiting, and improve cooperation with third countries
Amendment 52 #
Proposal for a regulation Recital 17 (17) The Office should offer a forum that brings together public authorities and the private sector, ensuring the collection, analysis and dissemination of relevant objective, comparable and reliable data regarding the value of intellectual property rights and the infringements of those rights, the development of best practices and strategies to protect intellectual property
Amendment 53 #
Proposal for a regulation Recital 17 a (new) (17a) The Office should also fulfil additional tasks, such as to improve the understanding of the value of intellectual property rights, enhance the expertise of persons involved in the enforcement of intellectual property rights by appropriate training measures, increase knowledge on techniques to prevent counterfeiting, and improve cooperation with third countries and international organisations.
Amendment 54 #
Proposal for a regulation Recital 18 (18) With regard to representatives of the private sector, the Office should involve, when assembling the Observatory in the context of its activities, a representative selection of the economic sectors most concerned by and most experienced in the fight against infringements of intellectual property rights, in particular representatives of right holders and Internet service providers.
Amendment 55 #
Proposal for a regulation Recital 18 (18) With regard to representatives of the private sector, the Office should involve, when assembling the Observatory in the context of its activities, a representative selection of
Amendment 56 #
Proposal for a regulation Recital 18 (18) With regard to representatives of the private sector, the Office should involve, when assembling the Observatory in the context of its activities, a representative selection of the economic and cultural sectors most concerned by and most experienced in the fight against infringements of intellectual property rights, in particular representatives of right holders
Amendment 57 #
Proposal for a regulation Recital 18 (18) With regard to representatives of the private sector, the Office should involve, when assembling the Observatory in the context of its activities, a representative selection of the
Amendment 58 #
Proposal for a regulation Recital 18 (18) With regard to representatives of the private sector, the Office should involve, when assembling the Observatory in the context of its activities, a representative selection of the economic sectors most concerned by and most experienced in the fight against infringements of intellectual property rights, in particular representatives of right holders and Internet service providers. Also, a proper representation of consumers and of small and medium
Amendment 60 #
Proposal for a regulation Article 1 – paragraph 1 This Regulation entrusts the Office for Harmoni
Amendment 61 #
Proposal for a regulation Article 1 – paragraph 1 a (new) 1a. The principal objective of the Office's activities with regard to intellectual property protection shall be to support and facilitate efforts within the Union by national authorities, private industry and other relevant persons to afford better protection to intellectual property rights, particularly as regards trade mark counterfeiting and copyright piracy, notably through the provision of support to the Observatory.
Amendment 62 #
Proposal for a regulation Article 2 – paragraph 1 – point a (a) improving the understanding on the scope
Amendment 63 #
Proposal for a regulation Article 2 – paragraph 1 – point a (a) improving the understanding on the scope and impact of, and the enforcement of measures to combat, infringements of intellectual property rights
Amendment 64 #
Proposal for a regulation Article 2 – paragraph 1 – point b (b) improving the understanding on the value and complexity of intellectual property in the new digital age;
Amendment 65 #
Proposal for a regulation Article 2 – paragraph 1 – point b (b) improving the understanding on the value and purpose of intellectual property;
Amendment 66 #
Proposal for a regulation Article 2 – paragraph 1 – point b (b) improving the understanding on the value of intellectual property and knowledge about the impact of infringements of intellectual property rights on creativity and innovation within the Union;
Amendment 67 #
Proposal for a regulation Article 2 – paragraph 1 – point c a (new) (ca) improving knowledge of the impact of breaches of copyright on the economy, tax revenue and the labour market;
Amendment 68 #
Proposal for a regulation Article 2 – paragraph 1 – point c b (new) (cb) improving knowledge of consumer behaviour on the Internet with regard to non-commercial use and dissemination of legally acquired copyright works by means of voluntary, anonymous surveys;
Amendment 69 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) raising citizens' awareness of the impact of infringements of intellectual property rights and of the difference between piracy and private use;
Amendment 70 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) raising citizens' awareness of the impact of infringements of intellectual property rights and ensuring balanced respect for the public’s right of access to culture;
Amendment 71 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) raising citizens’ awareness of the impact of infringements of intellectual property rights by promoting information campaigns in all Member States;
Amendment 72 #
Proposal for a regulation Article 2 – paragraph 1 – point e (e) enhancing the expertise of persons involved in the enforcement of intellectual property rights and their ability to deal with the new challenges raised by the digital era;
Amendment 73 #
Proposal for a regulation Article 2 – paragraph 1 – point f Amendment 74 #
Proposal for a regulation Article 2 – paragraph 1 – point f (f) enhancing the knowledge on technical tools to prevent and combat
Amendment 75 #
Proposal for a regulation Article 2 – paragraph 1 – point f (f) enhancing the knowledge on technical tools to prevent and combat counterfeiting
Amendment 76 #
Proposal for a regulation Article 2 – paragraph 1 – point f (f) enhancing the knowledge on technical tools to prevent and combat counterfeiting and piracy
Amendment 77 #
Proposal for a regulation Article 2 – paragraph 1 – point f (f) enhancing and fostering the knowledge on, and further developing, technical tools to prevent and combat counterfeiting and piracy, including tracking and tracing systems;
Amendment 78 #
Proposal for a regulation Article 2 – paragraph 1 – point f a (new) (fa) improving knowledge of existing, functioning, legal business models which make copyright works available commercially or otherwise;
Amendment 79 #
Proposal for a regulation Article 2 – paragraph 1 – point h a (new) (ha) drawing up and promoting the best strategies on national practices and techniques for enforcing intellectual property law, whether originating from the public or from the private sector.
Amendment 80 #
Proposal for a regulation Article 2 – paragraph 1 – point h a (new) (ha) monitoring and reporting on the effect of legal online offers on use of unauthorised content;
Amendment 81 #
Proposal for a regulation Article 2 – paragraph 1 – point h b (new) (hb) assessing barriers to the completion of an effective digital single market and recommending effective policy options to overcome such barriers.
Amendment 82 #
Proposal for a regulation Article 2 – paragraph 2 – point a (a) assembling, in accordance with Article 4, the Observatory at regular intervals and at least once a year, and duly providing information on the holding and outcome of such meetings via public consultation platforms;
Amendment 83 #
Proposal for a regulation Article 2 – paragraph 2 – point b (b) establishing a transparent methodology for the collection, analysis and reporting of independent, objective, comparable and reliable data related to infringements of intellectual property rights;
Amendment 84 #
Proposal for a regulation Article 2 – paragraph 2 – point b (b) establishing a methodology for the collection, analysis and reporting of independent, objective, comparable, robust, and reliable data related to infringements of intellectual property rights;
Amendment 85 #
Proposal for a regulation Article 2 – paragraph 2 – point c Amendment 86 #
Proposal for a regulation Article 2 – paragraph 2 – point c (c) regularly collecting, analysing and disseminating relevant independent, objective, comparable and reliable data regarding infringements of intellectual property rights;
Amendment 87 #
Proposal for a regulation Article 2 – paragraph 2 – point d (d) collecting, analysing and disseminating relevant objective, comparable and reliable data regarding the
Amendment 88 #
Proposal for a regulation Article 2 – paragraph 2 – point d (d) collecting, analysing and disseminating relevant objective, comparable and reliable data regarding the economic value of intellectual property and its contribution to economic growth, welfare, innovation,
Amendment 89 #
Proposal for a regulation Article 2 – paragraph 2 – point e (e) 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 intellectual property rights infringements on society, economy, health, environment, safety and security, and the relation of such infringements with organized crime and terrorism, and take account of the challenges posed by new information and communications technology in devising new models for management of these rights;
Amendment 90 #
Proposal for a regulation Article 2 – paragraph 2 – point e (e) providing regular assessments and specific reports by economic sector, geographic area and type of intellectual property right infringed, which evaluate,
Amendment 91 #
Proposal for a regulation Article 2 – paragraph 2 – point f (f) collecting, analysing and disseminating information regarding best practices between the representatives meeting as the Observatory
Amendment 92 #
Proposal for a regulation Article 2 – paragraph 2 – point g (g) drawing up reports and publications to raise awareness of the Union's citizens of the impact of infringements of intellectual property rights as regards both Community trade marks and national trade marks, and organising conferences, on-line and off-line campaigns, events and meetings at European and international levels;
Amendment 93 #
Proposal for a regulation Article 2 – paragraph 2 – point g (g) drawing up reports and publications to raise awareness of the Union’s citizens of the impact of infringements of intellectual property rights, and organising conferences, on-line and off-line campaigns, events and meetings at European and international levels, which examine new, balanced and flexible proposals for protecting intellectual property rights in particularly sensitive areas, such as the cultural and creative sector, while upholding citizens’ access rights, in accordance with applicable law;
Amendment 94 #
Proposal for a regulation Article 2 – paragraph 2 – point h (h) developing and organising on-line and other forms of training for national
Amendment 95 #
Proposal for a regulation Article 2 – paragraph 2 – point j (j) collecting information, researching, evaluating and promoting technical tools for professionals and benchmark techniques, including tracking and tracing systems which help to distinguish genuine from counterfeit products;
Amendment 96 #
Proposal for a regulation Article 2 – paragraph 2 – point k Amendment 97 #
Proposal for a regulation Article 2 – paragraph 2 – point k (k) working with national authorities to
Amendment 98 #
Proposal for a regulation Article 2 – paragraph 2 – point k a (new) (ka) strengthening administrative cooperation at every level as regards the authorities called upon to combat piracy and counterfeiting in Member States;
Amendment 99 #
Proposal for a regulation Article 2 – paragraph 2 – point k a (new) (ka) developing a publicly accessible online platform providing information, examples of best practices, freely downloadable awareness-raising tools and capacity-building initiatives concerning the numerous legislative and non- legislative means to fight infringements of intellectual property rights;
source: PE-472.123
2011/10/20
IMCO
33 amendments...
Amendment 14 #
Proposal for a regulation Recital 2 (2) Intellectual property rights are
Amendment 15 #
Proposal for a regulation Recital 2 (2) Intellectual property rights are vital business assets that help to ensure that innovators and creators get a fair return for their work and that their investment in research and new ideas is protected. They also allow for innovation and enhance consumers’ access to knowledge and information.
Amendment 16 #
Proposal for a regulation Recital 4 (4) The constant rise of infringements of intellectual property rights constitutes a genuine threat not only to the Union economy, but also to the health and safety of Union consumers. Therefore, effective, immediate and coordinated actions at European and global levels are needed to successfully combat this phenomenon. In this context, it is worth stressing the importance of greater cooperation and exchange of information between the customs authorities of each Member State.
Amendment 17 #
Proposal for a regulation Recital 4 (4) The constant rise of infringements of intellectual property rights constitutes a genuine threat not only to the Union economy, but also to the health and safety of Union consumers. Therefore, effective, immediate and coordinated actions at European and global levels are needed to successfully combat this phenomenon, and efforts should be intensified in sectors that are sensitive from the health and safety point of view, especially where medicines and foodstuffs are concerned.
Amendment 18 #
Proposal for a regulation Recital 4 a (new) (4a) The Commission, in conjunction with the Office for Harmonisation in the Internal Market and the Member States, should carry out an in-depth analysis of the consequences that intellectual property infringements entail for companies and small and medium sized enterprises in particular, with a view to determining the solutions best suited to their specific needs.
Amendment 19 #
Proposal for a regulation Recital 4 b (new) (4b) To facilitate and rationalise access to all necessary information concerning infringements of intellectual property rights, Member States should make use of the single points of contact established under the Services Directive.
Amendment 20 #
Proposal for a regulation Recital 10 (10) The European Parliament, in its Resolution of 22 September 2010 on enforcement of intellectual property rights in the internal market, called on the Member States and the Commission to extend the cooperation between the Office and national intellectual property offices to also include the fight against infringements of intellectual property rights. It proposed in addition that the Observatory should carry out a detailed analysis of the problem of online data theft and put forward proposals for combating that problem.
Amendment 21 #
Proposal for a regulation Recital 10 a (new) (10a) To help European entrepreneurs enforce their intellectual property rights in third countries and to improve the measures taken by the authorities to prevent counterfeit products from entering the European market, close cooperation should be established between the OHIM and European External Action Service.
Amendment 22 #
Proposal for a regulation Recital 11 (11) In view of the range of tasks assigned to the Observatory, a solution is needed to ensure an adequate and sustainable infrastructure for the fulfilment of the tasks of the Observatory
Amendment 23 #
Proposal for a regulation Recital 17 (17) The Office should offer a forum that brings together public authorities
Amendment 24 #
Proposal for a regulation Recital 18 (18) With regard to representatives of the private sector, the Office should involve, when assembling the Observatory in the context of its activities, a representative selection of
Amendment 25 #
Proposal for a regulation Recital 18 (18) With regard to representatives of the private sector, the Office should involve, when assembling the Observatory in the context of its activities, a representative selection of the economic sectors most concerned by and most experienced in the fight against infringements of intellectual property rights, in particular representatives of right holders and Internet service providers
Amendment 26 #
Proposal for a regulation Recital 18 (18) With regard to representatives of the private sector, the Office should involve, when assembling the Observatory in the context of its activities, a representative selection of the economic sectors most concerned by and most experienced in the fight against infringements of intellectual property rights, in particular representatives of right holders and Internet service providers. Also, a
Amendment 27 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) raising citizens’ awareness of the impact of infringements of intellectual property rights by continuing and intensifying awareness campaigns on the risks that counterfeit products pose to consumer health and safety and on the adverse impact that counterfeiting and piracy have on the economy and society;
Amendment 28 #
Proposal for a regulation Article 2 – paragraph 1 – point d a (new) (da) making available resources to inform the public about intellectual property rights, so that, rather than only performing checks, awareness is also cultivated, for example by means of information incorporated into videogames which the public can access, because in this way people – and particularly young people – can be reached quickly, directly and in large numbers;
Amendment 29 #
Proposal for a regulation Article 2 – paragraph 1 – point f (f) enhancing the knowledge on technical tools to prevent and combat counterfeiting and piracy, including tracking and tracing systems
Amendment 30 #
Proposal for a regulation Article 2 – paragraph 1 – point f (f) enhancing the knowledge on technical tools to prevent and combat counterfeiting and piracy, including tracking and tracing systems in compliance with the Union acquis on e-commerce and data protection;
Amendment 31 #
Proposal for a regulation Article 2 – paragraph 1 – point h (h) fostering international cooperation with intellectual property offices in third countries and relevant international organisations with a view to building strategies and developing techniques for the protection of intellectual property rights, skills and tools.
Amendment 32 #
Proposal for a regulation Article 2 – paragraph 2 – point d (d) collecting, analysing and disseminating relevant objective, comparable and reliable data regarding the economic value of intellectual property and its contribution to economic growth, welfare, innovation, creativity, cultural diversity, the creation of high quality jobs and the development of high quality products and services within the Union
Amendment 33 #
Proposal for a regulation Article 2 – paragraph 2 – point e a (new) (ea) assessing the measures provided for in Directive 2004/48/EC on the enforcement of intellectual property rights on the internal market, from the point of view both of the protection of rights and of its effects on consumer rights;
Amendment 34 #
Proposal for a regulation Article 2 – paragraph 2 – point g (g) drawing up reports and publications to raise awareness of the Union's citizens of the impact of infringements of intellectual property rights, and organising conferences
Amendment 35 #
Proposal for a regulation Article 2 – paragraph 2 – point i (i) organising ad hoc meetings of experts and of representatives of all the relevant stakeholders to support its work under this Regulation;
Amendment 36 #
Proposal for a regulation Article 2 – paragraph 2 – point j Amendment 37 #
Proposal for a regulation Article 2 – paragraph 2 – point p a (new) (pa) assessing the impact of intellectual property rights enforcement measures on innovation and the development of information society services, as explicitly required by Directive 2004/48/EC;
Amendment 38 #
Proposal for a regulation Article 2 – paragraph 2 – point p b (new) (pb) assessing the impact on consumers of the absence of a digital single market for online content.
Amendment 39 #
Proposal for a regulation Article 4 – paragraph 1 1. The Office shall invite to the meetings referred to in point (a) of Article 2(2) representatives from public administrations, bodies and organisations dealing with the protection of intellectual property rights
Amendment 40 #
Proposal for a regulation Article 4 – paragraph 1 1. The Office shall invite to the meetings referred to in point (a) of Article 2(2) representatives from public administrations, bodies and organisations dealing with the protection of intellectual property rights and representatives from the private sector and civil society.
Amendment 41 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 1 Representatives meeting as the Observatory invited from the private sector shall include a broad and representative
Amendment 42 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 2 Amendment 43 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 2 Consumer organisations, civil society and small and medium sized enterprises shall be
Amendment 44 #
Proposal for a regulation Article 5 – introductory part Without prejudice to law governing the processing of personal data, Member States and
Amendment 45 #
Proposal for a regulation Article 8 – paragraph 4 4. The Commission shall transmit the evaluation report to the European Parliament
Amendment 46 #
Proposal for a regulation Article 8 – paragraph 4 4. The Commission shall transmit the evaluation report to the European Parliament
source: PE-474.065
2011/12/01
JURI
58 amendments...
Amendment 100 #
Proposal for a regulation Article 2 – paragraph 2 – point g (g) drawing up reports and publications to raise awareness
Amendment 101 #
Proposal for a regulation Article 2 – paragraph 2 – point g a (new) Amendment 102 #
Proposal for a regulation Article 2 – paragraph 2 – point g a (new) (ga) monitoring the development of new competitive business models, expanding the legal offer of cultural and creative content and encouraging the exchange of information;
Amendment 103 #
Proposal for a regulation Article 2 – paragraph 2 – point j (j)
Amendment 104 #
Proposal for a regulation Article 2 – paragraph 2 – point l (l) building strategies in cooperation with the central industrial property offices of the Member States, including the Benelux Office for Intellectual Property, and developing techniques, skills and tools related to the protection of intellectual property rights, including training programmes
Amendment 105 #
Proposal for a regulation Article 2 – paragraph 2 – point l (l)
Amendment 106 #
Proposal for a regulation Article 2 – paragraph 2 – point n (n) making recommendations to the Commission on issues falling within the scope of this Regulation,
Amendment 107 #
Proposal for a regulation Article 2 a (new) Article 2a Panel of academic experts The Observatory shall assemble a pool of academic experts within relevant academic fields to assist the Observatory in the tasks and activities set out in Article 2.
Amendment 108 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 1 Representatives meeting as the Observatory invited from the private sector shall include a broad
Amendment 109 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 2 Consumer organisations
Amendment 110 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 2 Consumer organisations and small and medium
Amendment 111 #
Proposal for a regulation Article 4 – paragraph 2 – subparagraph 2 a (new) The Office shall publish a clear and objective list of criteria for stakeholder participation in the work of the Observatory.
Amendment 112 #
Proposal for a regulation Article 4 – paragraph 3 3. The Office shall invite
Amendment 113 #
Proposal for a regulation Article 4 – paragraph 3 a (new) 3a. When appropriate, the Office shall organise meetings consisting of: (a) representatives from the public administrations, bodies and organisations in the Member States, and (b) private sector representatives.
Amendment 114 #
Proposal for a regulation Article 5 – introductory words Without prejudice to law governing the processing of personal data, Member States and private sector representatives meeting as the Observatory
Amendment 115 #
Proposal for a regulation Article 5 – point b (b) provide, when available, statistical data on infringements of intellectual property rights;
Amendment 116 #
Proposal for a regulation Article 5 – paragraph 1 a (new) Amendment 117 #
Proposal for a regulation Article 7 – point e Amendment 118 #
Proposal for a regulation Article 7 – point e (e)
Amendment 61 #
Proposal for a regulation Title 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
Amendment 62 #
Proposal for a regulation Recital 4 (4) The
Amendment 63 #
Proposal for a regulation Recital 5 (5) In the context of the overall intellectual property rights strategy foreseen by the Council Resolution of 25 September 2008 on a comprehensive European anti- counterfeiting and anti-piracy plan
Amendment 64 #
Proposal for a regulation Recital 6 (6) The Communication set out that the Observatory should become the central resource for gathering, monitoring and reporting information and data related to all intellectual property rights infringements. It should be used as a platform for cooperation between representatives from national authorities and stakeholders to exchange ideas and expertise on best practices
Amendment 65 #
Proposal for a regulation Recital 10 a (new) (10a) The European Parliament, in its resolution of 12 May 2011 on unlocking the potential of cultural and creative industries1 urged the Commission to take into account the specific problems encountered by small and medium-sized enterprises when it comes to asserting their intellectual property rights and to promote best practice and effective methods to respect those rights. __________________ 1 Texts adopted, P7_TA(2011)0240.
Amendment 66 #
Proposal for a regulation Recital 16 (16) Assembled by the Office, the Observatory should become a centre of excellence on information and data related to
Amendment 67 #
Proposal for a regulation Recital 17 (17) The Office should offer a forum that brings together public authorities and the private sector, ensuring the collection, analysis and dissemination of relevant objective, comparable and reliable data regarding the value of intellectual property rights and the infringements of those rights, the development of best practices and
Amendment 68 #
Proposal for a regulation Recital 17 (17) The Office should offer a forum that brings together public authorities and the private sector, ensuring the collection, analysis and dissemination of relevant objective, comparable and reliable data regarding the value of intellectual property rights and the infringements of those rights, the development of best practices and strategies to protect intellectual property rights, and raising public awareness of the impacts of intellectual property rights infringements. Furthermore, the Office should fulfil additional tasks, such as to improve the understanding of the value of
Amendment 69 #
Proposal for a regulation Recital 17 (17) The Office should offer a forum that brings together public authorities and the private sector, ensuring the collection, analysis and dissemination of relevant objective, comparable and reliable data regarding the value of intellectual property rights and the infringements of those rights,
Amendment 70 #
Proposal for a regulation Recital 17 a (new) (17a) In order to fulfil those tasks in the most efficient manner, the Office should consult and cooperate with other authorities at national, European and, where appropriate, international levels, create synergies with the activities carried out by such authorities and avoid any duplication of measures.
Amendment 71 #
Proposal for a regulation Recital 18 (18) With regard to representatives of the private sector, the Office should involve, when assembling the Observatory in the context of its activities, a representative selection of the economic sectors most concerned by and most experienced in the fight against infringements as well as the valorisation of intellectual property rights, in particular representatives of right holders and Internet service providers. Also, a proper representation of consumers and of small and medium
Amendment 72 #
Proposal for a regulation Recital 18 (18) With regard to representatives of the private sector, the Office should involve, when assembling the Observatory in the context of its activities, a representative selection of the economic sectors most concerned by and most experienced in the fight against infringements of intellectual property rights, in particular representatives of authors and other creators, right holders and Internet service providers. Also, a proper representation of consumers and of small and medium
Amendment 73 #
Proposal for a regulation Recital 18 (18) With regard to representatives of the private sector, the Office should involve, when assembling the Observatory in the context of its activities, a representative selection of the economic sectors, including the creative industries, most concerned by
Amendment 74 #
Proposal for a regulation Recital 18 (18) With regard to representatives of the private sector, the Office sh
Amendment 75 #
Proposal for a regulation Article 1 This Regulation entrusts the Office for Harmoni
Amendment 76 #
Proposal for a regulation Article 1 This Regulation entrusts the Office for Harmoni
Amendment 77 #
Proposal for a regulation Article 2 – paragraph 1 – point a Amendment 78 #
Proposal for a regulation Article 2 – paragraph 1 – point a a (new) (aa) improving the understanding on the value of intellectual property;
Amendment 79 #
Proposal for a regulation Article 2 – paragraph 1 – point a a (new) (aa) establishing a transparent methodology for the collection, analysis and reporting of independent, objective, comparable and reliable data relating to infringements of intellectual property rights;
Amendment 80 #
Proposal for a regulation Article 2 – paragraph 1 – point a b (new) (ab) improving the understanding on the scope and impact of infringements of intellectual property rights protected under Union law or the national laws of the Member States, including industrial property rights, copyright and rights relating to copyright;
Amendment 81 #
Proposal for a regulation Article 2 – paragraph 1 – point b Amendment 82 #
Proposal for a regulation Article 2 – paragraph 1 – point b a (new) (ba) evaluating best practices with a view to ensuring that small and medium-sized enterprises, natural persons, non-profit organisations and universities can make effective use of intellectual property rights;
Amendment 83 #
Proposal for a regulation Article 2 – paragraph 1 – point b a (new) (ba) evaluating best practices with a view to ensuring that small and medium-sized enterprises, non-profit organisations and universities can enforce their intellectual property rights;
Amendment 84 #
Proposal for a regulation Article 2 – paragraph 1 – point c (c) enhancing the knowledge on best public and private sector practices to protect and valorise intellectual property rights within a well functioning internal market;
Amendment 85 #
Proposal for a regulation Article 2 – paragraph 1 – point d Amendment 86 #
Proposal for a regulation Article 2 – paragraph 1 – point d (d) evaluating best practices with regard to methods of raising citizens' awareness of the impact of infringements of intellectual property rights;
Amendment 87 #
Proposal for a regulation Article 2 – paragraph 1 – point d a (new) (da) monitoring and reporting on the effect of legal online offers on use of unauthorised content;
Amendment 88 #
Proposal for a regulation Article 2 – paragraph 1 – point e (e) enhancing the expertise of persons involved in the enforcement and valorisation of intellectual property rights;
Amendment 89 #
Proposal for a regulation Article 2 – paragraph 1 – point f (f) enhancing the knowledge on technical tools to prevent
Amendment 90 #
Proposal for a regulation Article 2 – paragraph 1 – point f (f) enhancing the knowledge on technical tools to prevent and combat
Amendment 91 #
Proposal for a regulation Article 2 – paragraph 1 – point f (f) enhancing the knowledge on technical tools to prevent and combat
Amendment 92 #
Proposal for a regulation Article 2 – paragraph 1 – point f a (new) (fa) ensuring freedom of communication, the right to a fair trial and the other fundamental freedoms when implementing intellectual property rights;
Amendment 93 #
Proposal for a regulation Article 2 – paragraph 2 – point b (b) establishing a methodology for the collection, analysis and reporting of independent, objective, comparable, robust and reliable data related to infringements of intellectual property rights;
Amendment 94 #
Proposal for a regulation Article 2 – paragraph 2 – point c (c) collecting, analysing and disseminating relevant independent, objective, comparable, robust and reliable data regarding infringements of intellectual property rights;
Amendment 95 #
Proposal for a regulation Article 2 – paragraph 2 – point d (d) collecting, analysing and disseminating relevant independent, objective, comparable, robust and reliable data regarding the economic value of intellectual property and its contribution to economic growth, welfare, innovation, creativity, cultural diversity, the creation of high quality jobs and the development of high quality products and services within the Union;
Amendment 96 #
Proposal for a regulation Article 2 – paragraph 2 – point e (e) 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 intellectual property rights infringements on society, economy, health, environment, safety and security, and the relation of such infringements with organized crime
Amendment 97 #
Proposal for a regulation Article 2 – paragraph 2 – point e (e) 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 intellectual property rights infringements on society, economy, including an assessment of the effects on SMEs, health, environment, safety and security, and the relation of such infringements with organized crime and terrorism;
Amendment 98 #
Proposal for a regulation Article 2 – paragraph 2 – point f (f) collecting, analysing and disseminating information regarding best practices between the representatives meeting as the Observatory, and
Amendment 99 #
Proposal for a regulation Article 2 – paragraph 2 – point g (g) drawing up reports and publications to raise awareness of the Union's citizens of the
source: PE-478.366
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