2014/2151(INI) | [ParlTrack]

Giorgos GRAMMATIKAKIS, Marc JOULAUD, Sabine VERHEYEN, Silvia COSTA, Jean-Marie CAVADA, Emma McCLARKIN, Therese COMODINI CACHIA

Draft opinion
Paragraph 1 a (new)

1a. Welcomes the idea that the measures outlined in the plan should be directed primarily against commercial scale IP infringing activity, and emphasises that swift action to that effect will encourage innovation and creativity, thereby boosting economic growth;

Amendment 2 #

Draft opinion
Paragraph -1 a (new)

-1a. Notes that according to the Commission, the cultural and creative sectors, often IPR intensive, already account for up to 4.5% of GDP and up to 8.5 million jobs in the European Union and are not only essential for cultural diversity but also significantly contribute to social and economic development;

Amendment 20 #

Sabine VERHEYEN, Therese COMODINI CACHIA

Draft opinion
Paragraph 1 a (new)

1a. Takes the view that the lack of harmonisation of Intellectual property rights (IPR) across the European Union is harmful to the competitiveness of the European economy, which is the basis for progress, growth and job creation; stresses that IPR's violations and infringements in the cultural and creative industries not only hamper innovation and creativity but also prevent investment and lead to loss of jobs, and above all result in lower quality products that may even be detrimental to citizens health;

Amendment 21 #

Draft opinion
Paragraph 2

Amendment 22 #

Giorgos GRAMMATIKAKIS, Silvia COSTA, Marc JOULAUD, Sabine VERHEYEN, Jean-Marie CAVADA, Emma McCLARKIN, Therese COMODINI CACHIA

Draft opinion
Paragraph 2

2. Stresses that in the interests of innovation, creativity and competitiveness, it is crucial t~~hat the IPR infrastructure is transparent and that full information is available to the public and to all other actors concerned~~o achieve a meaningful enforcement of IPR through a fully transparent, holistic, balanced and flexible system that can react rapidly to the evolving challenges that face the EU knowledge economy in the digital era;

Amendment 23 #

Giorgos GRAMMATIKAKIS, Silvia COSTA, Sabine VERHEYEN, Emma McCLARKIN, Therese COMODINI CACHIA

Draft opinion
Paragraph 2

2. Stresses that in the interests of innovation, creativity and competitiveness, it is crucial that the IPR infrastructure is transparent, helpful and closer, in particular to the SMEs, and that full information is available to the public and to all other actors concerned;

Amendment 24 #

Javi LÓPEZ

Draft opinion
Paragraph 2

2. Stresses that in the interests of innovation, creativity and competitiveness, it is crucial that the IPR infrastructure is transparent and accessible and that full information is available to the public and to all other actors concerned;

Amendment 25 #

Franz OBERMAYR

Draft opinion
Paragraph 2

2. Stresses that in the interests of innovation, creativity and competitiveness, it is crucial that the IPR infrastructure is transparent and that full information is available to the public and to all other actors concerned; notes, in that connection, that the reciprocal protection of intellectual property must be a key component of economic cooperation with other States and groupings of States;

Amendment 26 #

Draft opinion
Paragraph 2 a (new)

2a. Takes account of the need for a stable and harmonised framework for the enforcement of IPR and recalls that the current legal framework constitutes no impediment to the development of multi- territory licensing systems; to this end encourages the Commission to take note of the European unitary patent and the current revision of the trademark regulation as well as the high fragmentation of cultural and creative markets along cultural and linguistic lines;

Amendment 27 #

Bogdan Brunon WENTA

Draft opinion
Paragraph 2 a (new)

2a. Points out that all the actors involved in the distribution chain should cooperate in the elaboration of information campaigns which would allow consumers to have access to the information on their rights and obligations while accessing and using creative content in an accessible way;

Amendment 28 #

Draft opinion
Paragraph 2 a (new)

2a. Reiterates that a modern pro- competitive and consumer friendly copyright framework is needed, one that also supports the creativity and innovation by guaranteeing safe, adequate and secure environment for inventors and creators;

Amendment 29 #

Giorgos GRAMMATIKAKIS, Marc JOULAUD, Sabine VERHEYEN, Jean-Marie CAVADA, Emma McCLARKIN, Therese COMODINI CACHIA

Draft opinion
Paragraph 2 b (new)

2b. Is of the opinion that the implementation of effective measures against all infringements of IPR, taking into account today's digital world and the various means of distribution, the rights of holders while guaranteeing a balance between all interests at stake and the rights of consumers providing them with easy access to the widest possible choice of legal content, will only contribute to the economic development and growth, employment and wealth creation;

Amendment 3 #

Draft opinion
Paragraph 1

1. Stresses that the key objective of the aAction pPlan should be to ensure th~~at future measures taken to~~e effective enforcement of Intellectual Property Rights (IPR) are not based solely on data provided by the industry, in particular in the cultural and creative sectors, but on precise, unbiased data documenting IPR infringements; emphasises that the duty of the Office for Harmonisation in the Internal Market (OHIM) to generate reliable data which allow an analysis of the real impact of infringements on the industry should be part of the ten-point action planwhich plays a key role in stimulating innovation, creativity, competitiveness, growth and cultural diversity;

Amendment 30 #

Giorgos GRAMMATIKAKIS, Marc JOULAUD, Sabine VERHEYEN, Emma McCLARKIN, Therese COMODINI CACHIA

Draft opinion
Paragraph 3

3. Stresses in particular that in order to achieve a meaningful enforcement of IPR, full information should include a clear indication of the type of IPR (for example patent, trademark, copyright), the ~~status of its validity~~ identity of the owners and where relevandt the ~~identity of the owners~~status of its validity;

Amendment 31 #

Eider GARDIAZABAL RUBIAL

Draft opinion
Paragraph 3 a (new)

3a. Stresses the importance of recognising Intellectual Property Rights (IPR) as one of the principal means through which companies, creators and inventors generate returns on their investment in knowledge, and hence the importance of ensuring that they receive fair remuneration in the online environment, in keeping with the success of their creations and the wealth generated by those creations all along the value chain, from author to final consumer;

Amendment 32 #

Eider GARDIAZABAL RUBIAL

Draft opinion
Paragraph 4

4. Emphasises that in order to stimulate innovation and competitiveness in knowledge-based sectors in the Union, ~~IPR enforcement should not prevent~~in a manner compatible with intellectual property rights, it is necessary to stimulate open research and knowledge sharing, which are also identified as key elements in the ‘Global Europe’ and ‘Europe 2020’ strategies;

Amendment 33 #

Giorgos GRAMMATIKAKIS, Marc JOULAUD, Sabine VERHEYEN, Jean-Marie CAVADA, Emma McCLARKIN, Therese COMODINI CACHIA

Draft opinion
Paragraph 4

4. Emphasises that in order to stimulate innovation and competitiveness in knowledge-based sectors in the Union, IPR enforcement ~~should not prevent open~~goes hand in hand with the promotion of research and knowledge sharing, ~~which are also~~ identified as key elements in the ‘Global Europe’ and ‘Europe 2020’ strategies;

Amendment 34 #

Giorgos GRAMMATIKAKIS, Marc JOULAUD, Sabine VERHEYEN, Jean-Marie CAVADA, Emma McCLARKIN, Therese COMODINI CACHIA

Draft opinion
Paragraph 4

4. Emphasises that in order to stimulate innovation and competitiveness in knowledge-based sectors in the Union, IPR enforcement ~~should~~must not prevent open research and knowledge sharing, which are also identified as key elements in the ‘Global Europe’ and ‘Europe 2020’ strategies and enshrined in the Charter of Fundamental Rights of the European Union;

Amendment 35 #

Draft opinion
Paragraph 4 a (new)

4a. Emphasises the need for preventive measures and precise detection systems that lead to the swift interruption of commercial scale IPR infringing activities;

Amendment 36 #

Sabine VERHEYEN, Marc JOULAUD, Therese COMODINI CACHIA

Draft opinion
Paragraph 4 a (new)

4a. Points out that the monies generated by enforcing IPR represent an important source of outside funding for research projects and thus a driving force for innovation and development and cooperation between universities and firms;

Amendment 37 #

Marc JOULAUD, Sabine VERHEYEN, Giorgos GRAMMATIKAKIS, Bogdan Brunon WENTA, Therese COMODINI CACHIA

Draft opinion
Paragraph 4 a (new)

4a. Stresses the importance of sector- based agreements and good practice guides to combat IPR infringements; calls on operators in the industry to exchange information about platforms giving access to content that infringes IPR, and to take coordinated measures to reduce the income from such content or platforms;

Amendment 38 #

Marc JOULAUD, Sabine VERHEYEN, Giorgos GRAMMATIKAKIS, Bogdan Brunon WENTA, Therese COMODINI CACHIA, Jean-Marie CAVADA

Draft opinion
Paragraph 4 b (new)

4b. Insists that remedies be put in place for platforms adversely affected by any measure taken to combat commercial infringements of IPR by operators in the sector on the basis of exchange of information;

Amendment 39 #

Marc JOULAUD, Sabine VERHEYEN, Giorgos GRAMMATIKAKIS, Therese COMODINI CACHIA

Draft opinion
Paragraph 4 c (new)

4c. Notes that some ‘cyberlocker’ platforms pay their users on the basis of the number of registered downloads of their files, which is an incitement to disseminate content that infringes IPR; calls, therefore, on the Member States to take steps to prevent such practices;

Amendment 4 #

Sabine VERHEYEN, Marc JOULAUD, Therese COMODINI CACHIA

Draft opinion
Paragraph 1

1. Stresses that the key objective of the action plan should be to ensure that future measures taken to enforce Intellectual Property Rights (IPR) are not based solely on data provided by the industry, in particular in the cultural and creative sectors, but on precise, unbiased data documenting IPR infringements; eEmphasises that the duty of the Office for Harmonisation in the Internal Market (OHIM) to generate reliable data which allow an analysis of the real impact of infringements on the industry should be part of the ten-point action plan;

Amendment 40 #

Marc JOULAUD, Sabine VERHEYEN, Giorgos GRAMMATIKAKIS, Therese COMODINI CACHIA, Jean-Marie CAVADA

Draft opinion
Paragraph 4 d (new)

4d. Points out that ‘cyberlocker’ platforms are one of the main hubs for IPR infringements, from which they indirectly derive income via advertising and/or subscriptions;

Amendment 41 #

Giorgos GRAMMATIKAKIS, Marc JOULAUD, Sabine VERHEYEN, Jean-Marie CAVADA, Emma McCLARKIN, Therese COMODINI CACHIA

Draft opinion
Paragraph 5

5. ~~Recalls that potential health and safety risks of marketed goods are a very serious issue; stresses in this context that the quality of a product is a diffe~~Stresses that IPR infringing products not only cause the direct loss of revenue to legitimate businesses but also lead to direct and indirenct ~~issue from the status of IPR and whether there has been an infringement, and thus should be dealt with separately.~~job losses, to reputational damage and to increased enforcement costs whilst often having links to organised crime and posing potential health and safety risks;

Amendment 42 #

Sabine VERHEYEN, Marc JOULAUD, Therese COMODINI CACHIA

Draft opinion
Paragraph 5

5. Recalls that potential health and safety risks of marketed goods which infringe IPR are a very serious issue; stresses ~~in this context that the quality of a product is a different issue from the status of IPR and whether there has been an~~that a reduction in the degree of acceptance of IPR infringements in the medium and long term can only be achieved by providing young people with media skills training which seeks to make them aware of the legal and economic implications of IPR infringement,s and ~~thus should be dealt with separately~~draws their attention to the risks referred to above.

Amendment 43 #

Giorgos GRAMMATIKAKIS, Marc JOULAUD, Sabine VERHEYEN, Jean-Marie CAVADA, Therese COMODINI CACHIA

Draft opinion
Paragraph 5 a (new)

5a. Encourages the Commission when addressing whether there is a need to adapt the IPR enforcement legislation to the digital era to safeguard the fair balance between all key actors in the supply chain whilst fully respecting the Charter of Fundamental Rights of the European Union, namely the protection of personal data and respect for private life, the right to property and the right to access to justice;

Amendment 44 #

Giorgos GRAMMATIKAKIS, Marc JOULAUD, Sabine VERHEYEN, Jean-Marie CAVADA, Emma McCLARKIN, Therese COMODINI CACHIA

Draft opinion
Paragraph 5 b (new)

5b. Recalls that several other issues of IPR enforcement not included in the Action Plan were identified in the consultation process on the civil enforcement of Intellectual Property Rights carried out by the Commission from 2012-2013, including the difficulties in identifying infringers and alleged infringers, the role of intermediaries in assisting the fight against IPR infringements and the attribution of damages in IPR disputes; thus recalls that the Action Plan is only a starting point in securing the enforcement of IPR;

Amendment 45 #

Giorgos GRAMMATIKAKIS, Marc JOULAUD, Sabine VERHEYEN, Jean-Marie CAVADA, Emma McCLARKIN, Therese COMODINI CACHIA

Draft opinion
Paragraph 5 c (new)

5c. Calls on the Commission to consider all possible options to address the enforcement of Intellectual Property Rights, including the proposal of more concrete legislative actions.

Amendment 46 #

Draft opinion
Paragraph 5 a (new)

5a. Stresses that the distribution of counterfeited and pirate goods has increased in recent years since these goods are easily circulated online; reaffirms the importance of a Commission's education campaign to raise awareness among consumers, employees and clients and in particular among young people explaining and educating them on the economic and social harm caused by commercial scale IP infringements activity.

Amendment 47 #

Draft opinion
Paragraph 5 a (new)

5a. Recalls the involvement of the organised crime in international IP- infringing activities and the high importance of delivering a European coordinated solution, strengthening the audit measures, whilst implementing the ‘follow the money’ principle, to safeguard the consumers' interests and the integrity of the supply chain;

Amendment 48 #

Marc JOULAUD, Sabine VERHEYEN, Jean-Marie CAVADA, Giorgos GRAMMATIKAKIS, Bogdan Brunon WENTA, Therese COMODINI CACHIA

Draft opinion
Paragraph 5 b (new)

5b. Notes that IPR infringements could be more easily and effectively tackled by introducing new methods of legal distribution of goods and services based on forms of lending and re-use complying with IPR.

Amendment 49 #

Draft opinion
Paragraph 5 a (new)

5a. Calls on the Commission to study the feasibility of a European label indicating to the public which internet sites are considered free of commercial IPR infringements.

Amendment 5 #

Eider GARDIAZABAL RUBIAL

Draft opinion
Paragraph 1

1. Stresses that the key objective of the action plan should be to ensure that future measures taken to enforce Intellectual Property Rights (IPR) are not based solely on data provided by the industry, in particular in the cultural and creative sectors, ~~but on precise, unbiased data~~ documenting IPR infringements; emphasises that the duty of the Office for Harmonisation in the Internal Market (OHIM) to generate ~~reliable~~ data which allow an analysis of the real impact of infringements on the industry should be part of the ten- point action plan;

Amendment 6 #

Giorgos GRAMMATIKAKIS, Marc JOULAUD, Sabine VERHEYEN, Silvia COSTA, Jean-Marie CAVADA, Emma McCLARKIN, Therese COMODINI CACHIA

Draft opinion
Paragraph 1 a (new)

1a. Notes that while data on the number and type of intellectual property rights in existence is relatively easy to collect and analyse, studies on the scope and scale of IP infringements and their relation to criminality have been more difficult; to this end emphasises the important role played by the European Observatory on Infringements of Intellectual Property Rights in providing data, tools and databases to support the fight against IP infringement;

Amendment 7 #

Giorgos GRAMMATIKAKIS, Marc JOULAUD, Sabine VERHEYEN, Jean-Marie CAVADA, Emma McCLARKIN, Therese COMODINI CACHIA

Draft opinion
Paragraph 1 b (new)

1b. Stresses that in a time of financial crisis when funding for culture suffers from severe cuts, IPR enforcement is often a primary source of revenue for artists and creators; stresses therefore that attaining and safeguarding a fair remuneration for artists, creators and right holders should be one of the key objectives of the Action Plan;

Amendment 8 #

Giorgos GRAMMATIKAKIS, Marc JOULAUD, Sabine VERHEYEN, Jean-Marie CAVADA, Emma McCLARKIN, Therese COMODINI CACHIA

Draft opinion
Paragraph 1 c (new)

1c. Stresses the importance of ensuring the application of due diligence throughout the supply chain, including the digital supply chain and all the key actors and operators in it, such as creators, artists and right holders, producers, intermediaries, internet service providers, online sales platforms, end users and public authorities;

Amendment 9 #

Giorgos GRAMMATIKAKIS, Marc JOULAUD, Sabine VERHEYEN, Jean-Marie CAVADA, Emma McCLARKIN, Therese COMODINI CACHIA

Draft opinion
Paragraph 1 d (new)

1d. Emphasises the importance of improving IP civil enforcement procedures for SMEs and individual creators, as they play a key role in the creative and cultural sectors and often do not have the capacity to enforce their rights given the complexity, cost and length of such procedures;

source: 544.345

2015/02/25 IMCO 39 amendments...

Amendment 1 #

Mylène TROSZCZYNSKI

Draft opinion
Paragraph 1

1. Recognises that the enforcement of intellectual property rights (IPRs) is ~~not merely~~ a driver for jobs and growth across the Union ~~but is essential for the proper functioning of the single market~~, especially in view of factors such as share of EU GDP, employment, and the range of industries affected by IPRs;

Amendment 10 #

Philippe JUVIN

Draft opinion
Paragraph 2 a (new)

2a. Recalls that a voluntary Memorandum of Understanding on the Sale of Counterfeit Goods via the Internet has been in existence since May 2011and calls on the Commission to assess the results of the implementation of the MoU, and to report back to the European Parliament;

Amendment 11 #

Draft opinion
Paragraph 3

3. Recognises the importance of voluntary Memoranda of Understanding that establish firm principles agreed upon during stakeholder dialogues, as they will help reduce commercial scale IPR infringements in the online environment, and looks forward to a report back on the success of any voluntary measures on a~~n annual~~ regular basis;

Amendment 12 #

Felix REDA, Josef WEIDENHOLZER, Catherine STIHLER, Dita CHARANZOVÁ

Draft opinion
Paragraph 3 a (new)

3a. Believes that the Commission should also consider the effectiveness of existing initiatives and possible future activities with regard to the role of intermediaries in tackling IPR infringement;

Amendment 13 #

Philippe JUVIN

Draft opinion
Paragraph 3 a (new)

3a. Stresses the need to establish performance benchmarks in respect of these agreements, so as to gauge their effectiveness and keep European citizens informed;

Amendment 14 #

Draft opinion
Paragraph 4

4. Emphasises the potential threat and damage to consumer health and safety the purchase of IPR infringing goods may result in; thus compliments the Commission on its engagement with consumers, in particular those of the younger generation, via public information campaigns and other relevant means, and encourages it to continue; welcomes, in particular, the efforts of the Observatory located within the Office for Harmonisation in the Internal Market (OHIM) that are aimed at raising awareness among consumers of the benefits of choosing IPR respecting products and facilitating access to such products;stresses in this context that product quality and safety is a different issue from product authenticity, thus the IPR status and their possible infringement should be addressed separately; (The second part of this para is moved into a new para to separate the issue of IPR infringement from the issue of product safety)

Amendment 15 #

Felix REDA, Josef WEIDENHOLZER, Catherine STIHLER, Dita CHARANZOVÁ

Draft opinion
Paragraph 4

4. ~~Emphasises the threat and damage to consumer health and safety the purchase of IPR infringing goods may result in~~Stresses that IPR infringing products not only cause the direct loss of revenue to legitimate businesses but also lead to direct and indirect job losses, to reputational damage and to increased enforcement costs whilst often having links to organised crime and posing potential health and safety risks; thus compliments the Commission on its engagement with consumers, in particular those of the younger generation, via public information campaigns and other relevant means, and encourages it to continue; welcomes, in particular, the efforts of the Observatory located within the Office for Harmonisation in the Internal Market (OHIM) that are aimed at raising awareness among consumers of the benefits of choosing IPR respecting products and facilitating access to such products;

Amendment 16 #

Marc TARABELLA

Draft opinion
Paragraph 4

4. Emphasises the threat and damage to consumer health and safety the purchase of IPR infringing goods may result in; thus compliments the Commission on its engagement with consumers, in particular those of the younger generation, via public information campaigns and other relevant means, and encourages it to continue, for example by developing an online consumer warning system; welcomes, in particular, the efforts of the Observatory located within the Office for Harmonisation in the Internal Market (OHIM) that are aimed at raising awareness among consumers of the benefits of choosing IPR respecting products and facilitating access to such products;

Amendment 17 #

Ildikó GÁLL-PELCZ

Draft opinion
Paragraph 4

4. Emphasises the threat and damage to consumer health and safety the purchase of IPR infringing goods may result in; thus compliments the Commission on its engagement with consumers, in particular those of the younger generation, via public information campaigns and other relevant means, and encourages ~~it to continue~~the Commission and the Member States to further develop awareness actions aimed at specific audiences and relevant markets; welcomes, in particular, the efforts of the Observatory located within the Office for Harmonisation in the Internal Market (OHIM) that are aimed at raising awareness among consumers of the benefits of choosing IPR respecting products and facilitating access to such products;

Amendment 18 #

Philippe JUVIN

Draft opinion
Paragraph 4

4. Emphasises the threat and damage to the European economy, employment consumer health and safety the purchase of IPR infringing goods may result in; thus compliments the Commission on its engagement with consumers, in particular those of the younger generation, who are unaware of the consequences of such infringements, via public information campaigns and other relevant means, and encourages it to continue; welcomes, in particular, the efforts of the Observatory located within the Office for Harmonisation in the Internal Market (OHIM) that are aimed at raising awareness among consumers of the benefits of choosing IPR respecting products and facilitating access to such products;

Amendment 19 #

Draft opinion
Paragraph 4 a (new)

~~(The second part of the Rapporteur's paragraph 4 is moved into a new paragraph to avoid~~4a. Compliments the Commission on its engagement with consumers, in particular those of the younger generation, via public information campaigns and other relevant means, and encourages it to continue; welcomes, in particular, the efforts of the Observatory located within the Office for Harmonisation in the Internal Market (OHIM) that are aimed at raising awareness among consumers of the benefits of choosing IPR respecting products and facilitating access to such products; Or. en confusion)

Amendment 2 #

Sabine VERHEYEN, Marc JOULAUD, Catherine STIHLER

Draft opinion
Paragraph 1

1. Recognises that the enforcement of intellectual property rights (IPRs) is not merely a driver for jobs and growth across the Union but is essential for the proper functioning of the single market, especially in view of factors such as share of EU GDP, employment, and the range of industries affected by IPRs, and plays a key role in stimulating innovation, creativity, competitiveness and cultural diversity;

Amendment 20 #

Dita CHARANZOVÁ, Robert ROCHEFORT

Draft opinion
Paragraph 4 a (new)

4a. Believes at the same time that consumers should be better able to identify infringing offers so that they can decide not to proceed with a given purchase; deplores the fact that the Commission´s action plan does not include any action designed to improve consumer´s ability to identify infringing goods and contents, and calls on the Commission to reflect further on the development of specific tools especially with regard to the sharing of best practices;

Amendment 21 #

Draft opinion
Paragraph 4 a (new)

4a. Asks Member States’ authorities to ensure that IPR infringing goods, that are a safety risk, are included into RAPEX notifications, regardless if the goods is sold legally or illegally in their Member State;

Amendment 22 #

Sabine VERHEYEN, Marc JOULAUD, Catherine STIHLER

Draft opinion
Paragraph 5

5. Looks forward to receiving information on existing national initiatives addressing IP civil enforcement for SMEs by the end of 2015; welcomes the forthcoming Green Paper on the need for future Union action based on the best practice found in nationally financed schemes assisting SMEs to enforce their IP rights; calls on the Commission to make sure that any measure taken will have a limited impact in terms of burden and cost imposed on SMEs; insists on the need to take into account SMEs when drafting legislation and reiterates that the ‘think small first’ principle should be applied at all times;

Amendment 23 #

Draft opinion
Paragraph 5

Amendment 24 #

Ildikó GÁLL-PELCZ

Draft opinion
Paragraph 5 a (new)

5a. Requests the development of mediation services and other alternative dispute resolution schemes, especially for SMEs, in the area of IPR;

Amendment 25 #

Dita CHARANZOVÁ, Robert ROCHEFORT

Draft opinion
Paragraph 6

6. Welcomes the Commission’'s proposed Green Paper on consulting stakeholders on the impact of chargeback and related schemes to tackle commercial scale IP infringements and to assess the need to take more concrete actions in this field; believes that introduction of a EU-wide right to ‘chargeback’ on all unwilling bought counterfeit goods would be a positive benefit for consumers and encourage traders to verify goods before putting them on sale;

Amendment 26 #

Draft opinion
Paragraph 6

6. Welcomes the Commission’s proposed Green Paper on consulting stakeholders on the impact of chargeback and related schemes to tackle commercial scale IP infringements and to assess the need to take more concrete actions in this field, both in the online and in the offline context;

Amendment 27 #

Felix REDA, Josef WEIDENHOLZER, Catherine STIHLER, Dita CHARANZOVÁ

Draft opinion
Paragraph 7

7. Supports the emphasis placed in the Action Plan on the importance of working with Member States, sharing information and best practice, and coordinating activity over crossborder enforcement; welcomes the establishment of the Member State Expert Group on IP Enforcement, as sharing best practice will help with the development of policies and implementation of the Action Plan, building upon data and research prepared nationally and via the Observatory;

Amendment 28 #

Draft opinion
Paragraph 8 a (new)

8a. Emphasises that the duty of the Office for Harmonisation in the Internal Market (OHIM) to obtain data documenting IPR infringements from the industry and to generate reliable data and analysis of the real impacts of infringements for economic actors should be part of the ten- point action plan and be the base to further actions in the different sectors most concerned;

Amendment 29 #

Draft opinion
Paragraph 8 a (new)

8a. Emphasises that the duty of the Office for Harmonisation in the Internal Market (OHIM) to generate reliable data which allow an analysis of the real impact of infringements on the industry should be part of the ten-point action plan;

Amendment 3 #

Felix REDA, Josef WEIDENHOLZER, Catherine STIHLER, Dita CHARANZOVÁ

Draft opinion
Paragraph 1

1. . Recognises that the enforcement of intellectual property rights (IPRs) is not merely a driver for jobs and growth across the Union but is essential for the proper functioning of the single market, especially in view of factors such as share of EU GDP, employment, cultural diversity and the range of industries affected by IPRs;

Amendment 30 #

Draft opinion
Paragraph 8 b (new)

8b. Stresses that in order to achieve a meaningful enforcement of IPR, full information should be available and accessible regarding the type of IP rights (for example patent, trademark, copyright) concerned in each situation, the status of the validity of these rights and the identity of the owners;

Amendment 31 #

Mylène TROSZCZYNSKI

Draft opinion
Paragraph 9

9. Highlights the vital role public authorities play through procurement and purchasing~~, and commends the Commission’s desire to develop, promote and publish a guide on best practices to avoid public authorities purchasing counterfeit goods~~;

Amendment 32 #

Marc TARABELLA

Draft opinion
Paragraph 9

9. Highlights the vital role public authorities play through procurement and purchasing, and commends the Commission’s desire to develop, promote and publish a guide on best practices to avoid public authorities purchasing counterfeit goods; calls on the Commission in this connection to improve the ACIST database developed by the OHIM, so as to provide information concerning counterfeiters and ensure that counterfeit products are not purchased by contracting authorities;

Amendment 33 #

Ivan JAKOVČIĆ

Draft opinion
Paragraph 9

9. Highlights the vital role public authorities play on all levels, including local, regional and national, through procurement and purchasing, and commends the Commission’s desire to develop, promote and publish a guide on best practices to avoid public authorities on all levels purchasing counterfeit goods;

Amendment 34 #

Draft opinion
Paragraph 9 a (new)

9a. Calls on the Commission to study the feasibility of a European label indicating to the public which internet sites are considered free of commercial IPR infringements;

Amendment 35 #

Dita CHARANZOVÁ, Antanas GUOGA, Robert ROCHEFORT

Draft opinion
Paragraph 10

10. Further notes the inclusive stakeholder consultation proposals on applying EU due diligence throughout the supply chain, including providers of payment services, to prevent IP infringements, and asks that the outcome of the consultations and the voluntary EU due diligence scheme be presented to Parliament on an annual rather than biennial basis;

Amendment 36 #

Draft opinion
Paragraph 10 a (new)

10a. Welcomes any potential actions on due diligence throughout the supply chain which leads to fewer IP infringing goods; stresses that such actions must be targeted in nature, without creating additional administrative burdens on the average trader, and flexible as IP infringers move from one product to another to avoid controls;

Amendment 37 #

Marlene MIZZI, Catherine STIHLER

Draft opinion
Paragraph 12

12. Calls on the Commission to bring forward necessary proposals in line with stakeholders if voluntary measures are found not to be working after the first publication of the ‘IP in the EU economy’ report, which should be published annually.Deleted

Amendment 38 #

Draft opinion
Paragraph 12 a (new)

12a. Stresses that any IPR related legislation needs to reflect the development of the digital era taking into account the online environment and various means of distribution guaranteeing a balanced approach representing the interests of all stakeholders involved and in particular of consumers and their right of access to content, whilst at the same time promoting artists, creators and innovation in Europe;

Amendment 39 #

Marlene MIZZI, Catherine STIHLER

Draft opinion
Paragraph 12 b (new)

12b. Is of the opinion that enforcement of intellectual property rights should fully respect the principle of proportionality balancing the rights of content owners with those of the users which need to be fully compatible with the Charter of Fundamental Rights of the European Union and data protection rules, namely the protection of personal data, respect for private life and the right to access to justice;

Amendment 4 #

Dita CHARANZOVÁ, Antanas GUOGA, Robert ROCHEFORT

Draft opinion
Paragraph 1

1. Recognises that the enforcement of intellectual property rights (IPRs) is not merely a driver for jobs and growth across the Union but is essential for the proper functioning of the single market, especially in view of factors such as share of EU GDP, employment, and the range of industries ~~affected by~~which benefit from and exploit IPRs;

Amendment 5 #

Draft opinion
Paragraph 1 a (new)

1a. Underlines that IPRs are not just copyrights, but trademarks and patents, among others, and each of these is vital to the values of Europe's goods and services;

Amendment 6 #

Marco ZULLO

Draft opinion
Paragraph 2

2. Welcomes the Commission’s Action Plan with its emphasis on tackling enforcement on commercial scale infringements by adopting a ‘follow the money’ approach where those who are the greatest offenders will suffer financial loss; stresses that the sale of counterfeit goods is frequently a source of funding for organised crime;

Amendment 7 #

Draft opinion
Paragraph 2

2. Welcomes the Commission’s Action Plan with its emphasis on tackling enforcement on commercial scale infringements by adopting a so-called ‘follow the money’ approach ~~where~~aimed at ensuring that those who are ~~the greatest~~IPR offenders w~~ill~~ould suffer financial loss; stresses that main IPR enforcement policy tools are at the disposal of Member States' public authorities;

Amendment 8 #

Dita CHARANZOVÁ, Antanas GUOGA, Robert ROCHEFORT

Draft opinion
Paragraph 2

2. Welcomes the Commission’s Action Plan with its emphasis on tackling enforcement on commercial scale infringements by adopting a ‘follow the money’ approach where those ~~who are the greatest offenders will~~infringing on a commercial-scale will be targeted and should suffer financial loss;

Amendment 9 #

Draft opinion
Paragraph 2 a (new)

2a. Stresses the need for Commission's actions on IPR enforcement to be adapted to the growth of the Digital Single Market and to address both digital and physical IPR infringement equally; notes that increasingly counterfeit and IPR infringing physical goods are traded and sold via online marketplaces, where Member States authorities have limited abilities to control sales; stresses the need to enrol marketplace platform owners in all efforts to enforce IPRs, including efforts towards the removal of counterfeit goods and the banning of sellers from their sites;

source: 549.402

2015/03/27 JURI 124 amendments...

Amendment 1 #

Motion for a resolution
Citation 1 a (new)

- having regard to Article 17 of the Charter of Fundamental Rights of the European Union,

Amendment 10 #

Motion for a resolution
Recital A

A. whereas the creation of a single EU digital market and intellectual property rights are one of the driving forces of innovation and creativity and a key contributor to competitiveness and employment; whereas the enforcement of intellectual property rights plays a significant role in ensuring consumers’ health and safety; whereas counterfeiting is generally linked with a black economy;

Amendment 100 #

Motion for a resolution
Paragraph 13

13. . Stresses the importance of access to justice and of the cost-effectiveness of judicial proceedings, especially for SMEs~~, and calls for the development of mediation services and other business-to- business alternative dispute resolution schemes in the area of IPR~~;

Amendment 101 #

Motion for a resolution
Paragraph 13 a (new)

13a. Stresses that Europe´s cultural and creative industries are a driving force for social and economic development as well as job creation in Europe, while reminding that notable contribution to the economic growth, innovation and job creation in the European Union is also generated by creators, designers and institutions relying on exceptions and limitations to copyright, stresses that any legislative initiative to modernise copyright should be based on independent evidence regarding the impact on growth and jobs, particularly SME´s in the cultural and creative sectors, access to knowledge and culture, as well as its potential costs and benefits;

Amendment 102 #

Kostas CHRYSOGONOS, Jiří MAŠTÁLKA

Motion for a resolution
Paragraph 13 a (new)

13a. Stresses the importance of regularly analysing the factors which decisively influence decisions by SMEs to use or not to use IPR, so as to identify where improvements could be made, whether in the case of innovative SMEs or in the case of SMEs which encounter problems, in particular, in exercising their IPR;

Amendment 103 #

Motion for a resolution
Paragraph 14

14. Exp~~resses its satisfaction about the development of the activities of~~ects the European Observatory on Counterfeiting and Piracy to function as a tool for collecting and exchanging data and information on all forms of IPR infringements, and welcomes in particular the efforts made and the results obtained~~, notably as regards the Enforcement Database and the Anti- Counterfeiting Intelligence Support Tool~~ so far; calls on the Commission to monitor the work of the Observatory making sure that its reports are of a high quality, and use rigorously this evidence to propose solutions for improving legislation; calls on the Commission to report back to Parliament on this on a regular basis;

Amendment 104 #

Motion for a resolution
Paragraph 14

14. Expresses its satisfaction about the development of the activities of the European Observatory on Counterfeiting and Piracy as a tool for collecting and exchanging data and information on all forms of IPR infringements, and welcomes in particular the efforts made and the results obtained, notably as regards the Enforcement Database and the Anti- Counterfeiting Intelligence Support ToolInfringements of Intellectual Property Rights as a useful aid to the deliberations of political decision-makers and as a tool for collecting and exchanging data and information on all forms of IPR infringements;

Amendment 105 #

Motion for a resolution
Paragraph 14 a (new)

14a. Welcomes in particular the efforts made and the results achieved by the Observatory, particularly regarding specialised studies and tools, such as the implementation database and the Anti- Counterfeiting Intelligence Support Tool database, and calls on Member States to take full advantage of them;

Amendment 106 #

Motion for a resolution
Paragraph 15

15. Calls on the Commission to make full use of the data collected by the Observatory, and of the results of the Observatory’s activities, to draw conclusions and propose solutions for improving IPR enforcement to be used by policy-makers; calls on the Commission to report back to Parliament on this on a regular basis;

Amendment 107 #

Motion for a resolution
Paragraph 15 a (new)

15a. Stresses that the enforcement on Intellectual Property is needed for the stimulation of investments in innovation which is a key element for the smooth functioning of the internal market;

Amendment 108 #

Motion for a resolution
Paragraph 16

16. Welcomes the establishment by the Commission of an expert group on IPR enforcement, and calls on the Commission to ~~invite Parliament~~ensure that Parliament is involved more closely in the group’s work and in particular that it be asked to send experts to attend its meetings;

Amendment 109 #

Motion for a resolution
Paragraph 16

16. Welcomes the establishment by the Commission of an expert group on IPR enforcement, and calls on the Commission to invite Parliament and, where necessary, the European Observatory on Infringements of Intellectual Property Rights, to send experts to attend its meetings;

Amendment 11 #

Motion for a resolution
Recital A

A. whereas intellectual property rights (IPRs) are legal rights relating to creations from intellectual activities in the industrial, scientific, literary and artistic fields; whereas IPRs enable creators or holders of the patent for an invention, of a trademark or of a work protected by copyright to subsequently benefit from their work and their investment; whereas intellectual property rights are one of the driving forces of innovation and creativity and a key contributor to competitiveness and employment; whereas the enforcement of intellectual property rights plays a significant role in ensuring consumers’ health and safety; whereas counterfeiting is generally linked with a black economy;

Amendment 110 #

Motion for a resolution
Paragraph 16 a (new)

16a. Stresses the need to work together and for information to be exchanged between all parties;

Amendment 111 #

Motion for a resolution
Paragraph 17

17. Welcomes the publication of the Commission’s report on the application of the IPR Enforcement Directive9, while noting that only limited conclusions can be drawn in some respects owing to the late transposition of the directive by some Member States; calls on the Commission to provide further analysis of the impact of the directive, in particular on innovation and on the development of the information society, as required by its Article 18(1) and as called for by Parliament in its resolution of 22 September 2010; ~~__________________ 9~~recalls, however, that a number of other aspects of enforcing intellectual property rights were identified by the Commission, such as the role of intermediaries in combating infringements, which could also prove useful in the fight against abuses; __________________ 9 COM(2010) 779. COM(2010) 779.

Amendment 112 #

Motion for a resolution
Paragraph 18

18. Takes note of the Commission’s report indicating that the IPR Enforcement Directive is in some respects out of step with the digital age and insufficient for combating online infringements; calls on the Commission to come up with a detailed assessment of the limitations of the current legal framework as regards online activities and, if appropriate, with proposals for adapting the EU legislative framework to the internet environment; stresses that any such proposals must be subject to a detailed impact assessment;

Amendment 113 #

Motion for a resolution
Paragraph 20

Amendment 114 #

Motion for a resolution
Paragraph 20

20. Reiterates its call for a comprehensive IPR strategy, including a complete and strong legal framework to combat counterfeiting and piracy adapted to the online environment; calls on the Commission to take into account the IPR and copyright reform initiative concerning Directive 2001/29/EC, with special attention to territoriality, licensing and the digital context;

Amendment 115 #

Sajjad KARIM

Motion for a resolution
Paragraph 20

20. Reiterates its call for a comprehensive IPR strategy, including a complete and strong legal framework to combat ~~counterfeiting and piracy~~IPR infringement adapted to the online environment;

Amendment 116 #

Motion for a resolution
Paragraph 20

20. Reiterates its call for a ~~comprehensive~~n IPR strategy, including a ~~complete and strong~~ legal framework to combat counterfeiting and piracy adapted to the online environment;

Amendment 117 #

Motion for a resolution
Paragraph 20

20. Reiterates its call for a comprehensive IPR strategy, including a complete and strong legal framework to combat counterfeiting and piracy adapted to the online environment; considers that legal protection is urgently needed for new creations since this will encourage investment and lead on to further innovations;

Amendment 118 #

Motion for a resolution
Paragraph 20 a (new)

20a. Stresses that the enforcement of intellectual property rights should be proportionate and respect users’ fundamental rights and freedoms, such as the right to presumption of innocence, the right to fair trial, confidentiality of communications. Any restrictions to users’ rights must be foreseen by law.

Amendment 119 #

Motion for a resolution
Paragraph 21

21. Insists onthat the important role played by customs and international cooperation in the fight against IPR infringement in cross- border trade must not undermine global public health targets and trade in generic medicines;

Amendment 12 #

Motion for a resolution
Recital -A (new)

-A. whereas particular emphasis is placed on intellectual property in Article 118 of the Treaty of Lisbon and in Article 17 of the Charter of Fundamental Rights of the European Union;

Amendment 120 #

Motion for a resolution
Paragraph 21

21. Insists on the important role played by customs and international cooperation in the fight against IPR infringement in cross- border trade and stresses the need to support and facilitate the work performed by customs services in mutual cooperation, by clarifying operational rules, particularly in order that this work may permit the effective performance of inspections on goods in transit within EU territory;

Amendment 121 #

Motion for a resolution
Paragraph 21

21. Insists on the important role played by customs and international cooperation in the fight against IPR infringement in cross- border trade and calls on the EU legislator to strictly define the quotations exception in light of its importance for cross-border exchange of knowledge;

Amendment 122 #

Motion for a resolution
Paragraph 23

23. Calls ~~on the Commission to reflect further on the remaining~~for enhanced market surveillance, risk management and sharing of information among customs authorities on issues raised in the context of IPR enforcement by customs, for example, in relation to the storage and destruction of infringing goods;

Amendment 123 #

Motion for a resolution
Paragraph 23 a (new)

23a. Calls on the Commission to consider proposing OHIM’s budgetary surplus or a significant part thereof, to be allocated to the support of training initiatives of national customs authorities to further strengthen and improve the IPR enforcement mechanism;

Amendment 124 #

Motion for a resolution
Paragraph 24 a (new)

24a. Stresses the importance of close cooperation and exchanges of information, as well as the importance of appropriate training of customs authorities, market surveillance authorities and judicial authorities;

Amendment 13 #

Motion for a resolution
Recital B

B. whereas the EU faces a high number of intellectual property rights infringements, and whereas the volume and financial value of these infringements are alarming, as reported by the Commission in its report on the application of the Directive on the enforcement of intellectual property rights (COM(2010)0779); whereas these figures also illustrate the added value which IPR represent for the European economy in global competition;

Amendment 14 #

Motion for a resolution
Recital B

B. whereas the EU faces a high number of intellectual property rights infringements, and whereas the volume and financial value of these infringements are ~~alarming~~not insubstantial, as reported by the Commission in its report on the application of the Directive on the enforcement of intellectual property rights (COM(2010)0779);

Amendment 15 #

Motion for a resolution
Recital B

B. whereas the EU faces a high number of intellectual property rights infringements, and whereas the volume and financial value of these infringements are alarming, as reported by the Commission in its report on the application of the Directive on the enforcement of intellectual property rights (COM(2010)0779); in spite of the small reduction in the number of packages suspected of infringing intellectual property rights, customs authorities noted as many as 87 000 incidents of such abuses in 2013, while the value of the 36 million articles seized is estimated at more than EUR 768 million;

Amendment 16 #

Therese COMODINI CACHIA

Motion for a resolution
Recital B a (new)

Ba. whereas IPR infringements including counterfeiting discourages growth, job creation, innovation and creativity;

Amendment 17 #

Motion for a resolution
Recital B a (new)

Ba. whereas infringements of IPR cause both non-material and economic damage to European undertakings and bring about heavy economic and fiscal losses to States;

Amendment 18 #

Motion for a resolution
Recital B a (new)

Ba. whereas adequate protection of intellectual property rights is a prerequisite for the development of the digital economy and of the digital single market;

Amendment 19 #

Motion for a resolution
Recital C

C. whereas the development of e- commerce and online activities has changed the way IPR enforcement in the digital environment should be considered, particularly because it affords new possibilities for infringement;

Amendment 2 #

Motion for a resolution
Citation 2 a (new)

- having regard to Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003,

Amendment 20 #

Motion for a resolution
Recital C

C. whereas the development of e- commerce and online activities has changed the way IPR enforcement should be considered, particularly because it affords new possibilities for infringement, owing not least to new social behavioural patterns among users;

Amendment 21 #

Motion for a resolution
Recital C

C. whereas the rapidly increasing development of e- commerce and online activities has changed the way IPR enforcement should be considered in the digital environment, particularly because it affords new possibilities for infringement;

Amendment 22 #

Motion for a resolution
Recital C a (new)

Ca. - whereas the placing on the market of goods that are counterfeit, uncertified and not in compliance with EU standards may be harmful to consumers' health and lives;

Amendment 23 #

Motion for a resolution
Recital D

Amendment 24 #

Motion for a resolution
Recital D

Amendment 25 #

Mady DELVAUX

Motion for a resolution
Recital D

D. whereas there is a certain level of tolerance among a substantial minority of Europeans for the idea that IPR infringements could be considered ~~legitimate, especially among the young generation8; __________________ 8See OHIM Report ‘European Citizens and intellectual property: perception, awareness and behaviour’, November 2013.~~acceptable;

Amendment 26 #

Motion for a resolution
Recital D

D. whereas there is a certain level of tolerance among Europeans for the idea that IPR infringements could be considered legitimate, especially among the young generation8 as well as poor understanding of which types of web content use are permitted; __________________ 8 See OHIM Report ‘European Citizens and intellectual property: perception, awareness and behaviour’, November 2013.

Amendment 27 #

Motion for a resolution
Recital D

D. whereas there is a certain level of tolerance among Europeans for the idea that IPR infringements could be considered legitimate, especially among the young generation8 and entrepreneurial start-up companies; __________________ 8 See OHIM Report ‘European Citizens and intellectual property: perception, awareness and behaviour’, November 2013.

Amendment 28 #

Motion for a resolution
Recital D

D. whereas there is a certain level of tolerance among Europeans for the idea that IPR infringements could be considered legitimate, especially among the young generation8; whereas this is particularly attributable to the fact that citizens/consumers are insufficiently aware of the disastrous impact of counterfeiting, which has become a global phenomenon with alarming economic and social consequences, with production sites and extensive distribution networks, particularly using the internet; __________________ 8 See OHIM Report ‘European Citizens and intellectual property: perception, awareness and behaviour’, November 2013.

Amendment 29 #

Motion for a resolution
Recital D

D. whereas there is a certain level of tolerance among Europeans for the idea that IPR infringements could be considered legitimate, especially among the young generation8 ; __________________ 8 See OHIM Report ‘European Citizens and intellectual property: perception, awareness and behaviour’, November 2013.significant level of unawareness, especially among young people throughout the EU, regarding the potential consequences of IPR infringements on the European economy and on the general safety of citizens;

Amendment 3 #

Motion for a resolution
Citation 2 b (new)

- having regard to the report submitted by OHIM and the EPO in September 2013, entitled ‘Intellectual property rights intensive industries: contribution to economic performance and employment in the European Union’,

Amendment 30 #

Motion for a resolution
Recital D

D. whereas there is a certain level of tolerance among Europeans for the idea that IPR infringements could be considered legitimate, especially among the young generation8, due to a lack of suitable knowledge of the rights they enjoy and the rules that they should not break; __________________ 8 See OHIM Report ‘European Citizens and intellectual property: perception, awareness and behaviour’, November 2013.

Amendment 31 #

Jytte GUTELAND

Motion for a resolution
Recital D a (new)

Da. whereas there is a certain level of knowledge gap among the younger generation regarding actions considered as infringements of intellectual property rights;

Amendment 32 #

Motion for a resolution
Recital D a (new)

Da. whereas it is necessary and possible to run suitable user awareness and information campaigns, particularly for younger users, on the social and cultural importance of copyright;

Amendment 33 #

Motion for a resolution
Recital E

E. whereas there is a need to redouble efforts to combat the illegal trade in counterfeit goods, and no one should make a profit out of IPR infringements;

Amendment 34 #

Motion for a resolution
Recital F

F. whereas law enforcement is essential, and whereas ~~it is of the utmost importance to find effective means of~~Member States must adopt measures to enforc~~ing~~e IPR effectively;

Amendment 35 #

Motion for a resolution
Recital F

F. whereas law enforcement is essential, and whereas it is of the utmost importance, in the context of upholding fundamental rights and of data protection, to find effective means of enforcing IPR;

Amendment 36 #

Motion for a resolution
Recital F

F. whereas law enforcement is essential with regard to the foreseeability of the law, and whereas it is of the utmost importance to find effective, proportionate and dissuasive means of enforcing IPR;

Amendment 37 #

Motion for a resolution
Recital F

F. wWhereas ~~law enforcement is essential, and whereas it is of the utmost importance to find effectiv~~Directive 2000/31/EC (the Electronic Commerce Directive) is an appropriate means of enforcing IPR;.

Amendment 38 #

Motion for a resolution
Recital F

F. whereas law enforcement is essential, and whereas it is of the utmost importance to find effective means of enforcing IPR, particularly on the internet, which has become the prime channel for distribution of counterfeits;

Amendment 39 #

Motion for a resolution
Recital F

F. whereas law enforcement is essential, and whereas it is of the utmost importance to find effective means of enforcing IPR across borders;

Amendment 4 #

Motion for a resolution
Citation 8 a (new)

8a. - having regard to the Commission’s plan to create a single EU digital market and to Parliament’s resolution of 20 April 2012 on a competitive digital single market;

Amendment 40 #

Motion for a resolution
Recital G

G. whereas IPR infringements have a ~~particular~~n impact on SMEs~~, including i~~ and on business-to- business services, and can lead to the loss of markets and bankruptcy;

Amendment 41 #

Therese COMODINI CACHIA

Motion for a resolution
Recital G

G. whereas IPR infringements have a particular impact on SMEs, including in business-to-business services, and can lead to the loss of markets ~~and~~, bankruptcy and loss of jobs;

Amendment 42 #

Motion for a resolution
Paragraph 1

1. Welcomes in principle the communication of the Commission of 1 July 2014 presenting an action plan on the enforcement of intellectual property rights; supports its approach to IPR enforcement, based on preventive actions and on policy tools which intend to deprive commercial-scale infringers of their revenues and make it more difficult for infringing goods to be put on the market;

Amendment 43 #

Kostas CHRYSOGONOS

Motion for a resolution
Paragraph 1

1. Welcomes the communication of the Commission of 1 July 2014 presenting an action plan on the enforcement of intellectual property rights; supports its approach to IPR enforcement, based on preventive actions and on policy tools which intend to ~~deprive commercial-scale infringers of their revenues and~~ make it more difficult for infringing goods to be put on the market, and calls to define what ‘commercial- scale infringements’ are so as to deprive ‘commercial-scale’ infringers of their revenues;

Amendment 44 #

Motion for a resolution
Paragraph 1

1. Welcomes the communication of the Commission of 1 July 2014 presenting an action plan on the enforcement of intellectual property rights; supports its approach to IPR enforcement, based on preventive actions and on policy tools which intend to deprive commercial-scale infringers of their revenues and make it more difficult for infringing goods and services to be put on the market;

Amendment 45 #

Motion for a resolution
Paragraph 1 a (new)

1a. Calls on the Commission to ensure that one of the main objectives of the EU action plan is to provide reliable data on the socio-economic impact of commercial- scale IPR infringements;

Amendment 46 #

Motion for a resolution
Paragraph 1 a (new)

1a. Considers that respect for the exercise of intellectual property rights and efforts to combat counterfeiting should be the main objectives of the action plan;

Amendment 47 #

Motion for a resolution
Paragraph 1 b (new)

1b. Stresses that, at times of financial crisis, when major cuts are being made in financial support for the cultural sector, IPR are often among individual creators’ main sources of income; stresses, therefore, that ensuring fair remuneration for creators should be a crucial element of the EU action plan;

Amendment 48 #

Motion for a resolution
Paragraph 1 c (new)

1c. Takes the view that in the interests of innovation, creativity and competitiveness, it is crucial that IPR protection measures are transparent and that full information is available to the public and to all other actors concerned;

Amendment 49 #

Motion for a resolution
Subheading 1

Involving all actors in the supply chain, both on line and off line

Amendment 5 #

Motion for a resolution
Citation 14 a (new)

- having regard to Article 27 of the Universal Declaration of Human Rights, which stipulates that everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which they are the author,

Amendment 50 #

Motion for a resolution
Paragraph 2

2. Believes that all actors in the supply chain in the offline context have a role to play in the fight against IPR infringement and should be involved in this process; stresses that anthe approach ~~involving all actors should be devel~~adopted ~~both in the online and in the offline context;~~must involve all actors

Amendment 51 #

Motion for a resolution
Paragraph 2

2. Believes that all actors in the supply chain have a role to play in the fight against IPR infringement and should be involved in this process; stresses that an approach involving all actors should be developed both in the online and in the offline context; believes that fundamental rights need to be balanced for this to be successful as measures that impact fundamental rights cannot be undertaken voluntarily by commercial operators, but need a legal basis and judicial oversight;

Amendment 52 #

Motion for a resolution
Paragraph 2

2. Believes that all actors in the supply chain have a role to play in the fight against IPR infringement and should be involved in this process; stresses that an approach in~~volv~~ both an onlinge a~~ll actors~~nd offline context should be developed b~~oth in the online and in the offline context~~y all actors in a comprehensive, collaborative and transparent manner;

Amendment 53 #

Motion for a resolution
Paragraph 2 a (new)

2a. Stresses that the inclusion of online actors in measures to combat IPR infringements must comply with the principles of Directive 2000/31/EC (the Electronic Commerce Directive) and the Charter of Fundamental Rights of the European Union;

Amendment 54 #

Kostas CHRYSOGONOS, Jiří MAŠTÁLKA

Motion for a resolution
Paragraph 2 a (new)

2a. Calls on the Commission to work to redefine the status of intermediaries in the current digital environment and to formulate proposals for compelling them to shoulder their responsibilities;

Amendment 55 #

Motion for a resolution
Paragraph 3

3. Believes that applying due diligence, which has a different meaning in the online and the offline environment and thus has to be defined accordingly, throughout the supply chain would improve the business environment and contribute to preventing infringing goods from entering the market; stresses, however, that the cost-benefit ratio of qualitative auditing schemes should be well assessed and that providing support to SMEs should be considered in that respect;

Amendment 56 #

Motion for a resolution
Paragraph 3

3. Believes that applying due diligence throughout the supply chain and enhanced market surveillance and information sharing between customs authorities would improve the business environment and contribute to preventing infringing goods from entering the market; stresses~~, however,~~ that the cost-benefit ratio ofand effectiveness of any qualitative auditing schemes should be well assessed before being pursued and that providing support to SMEs should be a strong consideredation in that respect;

Amendment 57 #

Motion for a resolution
Paragraph 3

3. Believes that applying due diligence throughout the supply chain, particularly in the interests of SMEs, would improve the business environment and contribute to preventing infringing goods from entering the market; ~~stresses, however, that the cost-benefit r~~welcomes the Commission’s initiatiove of ~~qualitative auditing schemes should be well assessed and that providing support to SMEs should be considered in that respect~~exploring what EU-wide measures can improve the enforcement of IPR and thus where necessary reduce any dispute costs incurred, particularly for SMEs;

Amendment 58 #

Motion for a resolution
Paragraph 3

3. Believes that applying due diligence throughout the supply chain would improve the business environment and contribute to preventing infringing goods and services from entering the market; stresses, however, that the cost-benefit ratio of qualitative auditing schemes should be well assessed and that providing support to SMEs should be considered in that respect;

Amendment 59 #

Kostas CHRYSOGONOS, Jiří MAŠTÁLKA

Motion for a resolution
Paragraph 3

3. Believes that applying due diligence throughout the supply chain would improve the business environment and contribute to preventing infringing goods from entering the market; stresses, however, that the cost-benefit ratio of qualitative auditing schemes should be well assessed and that providing support to SMEs should be considered , in the context of commercial activity, applying due diligence on the part of the various parties throughout the supply chain is a key element in combating infringements of IPR and protecting consumers to the maximum, and would improve cooperation between undertakings and contribute to preventing infringing goods from entering th~~at respec~~e market;

Amendment 6 #

Motion for a resolution
Recital A

A. whereas intellectual property rights are one of the driving forces of innovation and creativity and a key contributor to competitiveness and employment; ~~whereas the enforcement of intellectual property rights plays a significant role in ensuring consumers’ health and safety; whereas counterfeiting is generally linked with a black economy;~~

Amendment 60 #

Motion for a resolution
Paragraph 4

Amendment 61 #

Motion for a resolution
Paragraph 4

4. Welcomes the approach of depriving IPR infringers of their revenues by means of agreements between right-holders and their partners; supports the elaboration of memoranda of understanding as soft-law measures to fight against counterfeiting ~~and piracy,~~ and supports the idea of developing such measures further among stakeholders; reminds the Commission that it is precluded by the 2003 Inter-Institutional Agreement8afrom supporting self- and co- regulatory mechanisms where fundamental rights, such as the right to freedom of expression, are at stake; __________________ 8aThe Inter-Institutional Agreement on Better Law-Making between the European Parliament, the Council and the Commission (2003/C 321/01)

Amendment 62 #

Motion for a resolution
Paragraph 4

4. Welcomes the approach of depriving IPR infringers of their revenues by means of agreements between right-holders and their partners; ~~supports the elaboration of memoranda of understanding as soft-law measures to fight against counterfeiting and piracy, and supports the idea of developing such measures further among stakeholders;~~

Amendment 63 #

Motion for a resolution
Paragraph 4

4. Welcomes the approach of depriving IPR infringers of their revenues by means of agreements between right-holders and their partners; supports the elaboration of memoranda of understanding as soft-law measures to fight against counterfeiting and piracy, and supports the idea of developing such measures further among stakeholders; In this respect recommends the Commission to conduct a research on how these counterfeiting operations are cross-funding their activities (selling counterfeit products and providing illegal content).

Amendment 64 #

Motion for a resolution
Paragraph 5

Amendment 65 #

Motion for a resolution
Paragraph 5

5. Welcomes the approach taken by the Commission to develop targeted awareness campaigns; believes that it is essential that the concrete consequences of IPR infringements for society as a whole, and for consumers and citizens individually, should be understood by all; believes that consumers should be better informed of what IPR consists of, ~~and~~its important contribution to jobs in the European Union , what can be done or not done with protected goods and content~~; calls on the Commission and the Member State~~ and the effects of IPR infringements on criminal activity; calls on the Commission and the Member States to work with the European Observatory on Infringements of IPRs to further develop awareness actions aimed at specific audiences and relevant markets;

Amendment 66 #

Motion for a resolution
Paragraph 5

5. Welcomes the approach taken by the Commission to develop targeted awareness campaigns; believes that it is essential that the concrete consequences of IPR infringements for society as a whole, and for consumers and citizens individually, should be understood by all; believes that consumers should be better informed of what IPR consist of, and what can be done or not done with protected goods and content; calls on the Commission and the Member States to further develop awareness actions aimed at specific audiences and relevant markets; In this respect recommends the Commission to further entrust the European Observatory on Counterfeiting and Piracy with a new public online platform containing Intellectual Property Rights guidelines such as the United Kingdom’s IPO - I.P. Guide for Universities in order for people to have a better understanding of their work and their intellectual property of it.

Amendment 67 #

Motion for a resolution
Paragraph 5 a (new)

5a. Recommends a broader information campaign regarding the Intellectual Property Right Holders and Enforcement Authorities Platform so that right holder have a more active role in defending their rights across the European Union through the Enforcement Database secure network integration with the Directorate-General for Taxation and Customs Union. Further integration with the Police authorities and other customs of the world should be faster implemented for a better enforcement of Intellectual Property Rights.

Amendment 68 #

Motion for a resolution
Paragraph 5 a (new)

5a. Stresses the need to address, more specifically, the younger generation by means of appropriate campaigns to raise awareness, bearing in mind that, as a recent survey of perceptions of intellectual property has revealed, it is that particular generation that is least respectful of intellectual property rights;

Amendment 69 #

Motion for a resolution
Paragraph 5 b (new)

5b. Stresses the importance of initiatives to assess and monitor the development of knowledge of young people’s understanding and perception of intellectual property in order to better understand their needs and to define the most appropriate action to take;

Amendment 7 #

Motion for a resolution
Recital A

A. whereas intellectual property rights are one of the driving forces of innovation and creativity and a key contributor to competitiveness ~~and~~, employment and cultural diversity; whereas the enforcement of intellectual property rights plays a significant role in ensuring consumers’ health and safety; whereas revenue from counterfeiting is generally ~~linked with a~~feeds into the black economy;

Amendment 70 #

Motion for a resolution
Paragraph 6

6. Believes at the same time that ~~consumers should~~the public authorities and European institutions should help consumers to be better able to identify infringing offers so that they can decide not to proceed with a given purchase; deplores the fact that the Commission’s action plan does not include any action designed to improve consumers’ ability to identify infringing goods and contents, and calls on the Commission to reflect further on the development of specific tools, including labelling, based on the experiences gathered by the Commission and the European Observatory on Counterfeiting and Piracy, especially with regard to the sharing of best practiceencourages the Commission and Member States to introduce effective measures requiring each participant in the supply chain to refrain from using means intended to mislead consumers; calls in particular on the Commission to step up measures to combat unfair on-line trading practices, particularly those aimed directly at consumers;

Amendment 71 #

Motion for a resolution
Paragraph 6

6. Believes at the same time that consumer~~s should b~~ information, including information about obligations, should be enhanced so consumers are better able to identify infringing offers so that they can decide not to proceed with a given purchase; deplores the fact that the Commission’s action plan does not include any action designed to improve consumers’ ability to identify infringing goods and contents, and calls on the Commission to reflect further on the development of specific tools, including labelling, based on the experiences gathered by the Commission and the European Observatory on ~~Counterfeiting and Piracy~~Infringements of IPRs, especially with regard to the sharing of best practices;

Amendment 72 #

Motion for a resolution
Paragraph 6

6. ~~Believes at the same time that consumers should be better able to identify infringing offers so that they can decide not to proceed with a given purchase; d~~Deplores the fact that the Commission’s action plan does not include any action designed to improve consumers’ ability to identify infringing goods and contents, and calls on the Commission to reflect further on the development of specific tools, ~~including labelling, based on the experiences gathered by the Commission and the European Observatory on Co~~particularly the establishment of a harmonised European system of notification/withdrawal of infringing goods and content, so that consumers and untder~~feiting and Piracy, especially with regard to the sharing of best practices~~takings can take action when they are misled in the same way as they can act to draw attention to undesirable content;

Amendment 73 #

Motion for a resolution
Paragraph 6

6. Believes at the same time that consumers should be better able to identify infringing offers so that they can decide not to proceed with a given purchase; deplores the fact that the Commission’s action plan does not include any action designed to improve consumers’ ability to identify infringing goods and contents, and calls on the Commission and the Member States to reflect further on the development of specific tools, including labelling, based on the experiences gathered by the Commission and the European Observatory on Counterfeiting and Piracy, especially with regard to the sharing of best practices;

Amendment 74 #

Motion for a resolution
Paragraph 6

6. Believes at the same time that consumers should be better able to identify infringing offers so that they can decide not to proceed with a given purchase; deplores the fact that the Commission’s action plan does not include any action designed to improve consumers’ ability to identify infringing goods and contents, and calls on the Commission to reflect further on the development of specific tools, guides, including labelling, based on the experiences gathered by the Commission and the European Observatory on ~~Counterfeiting and Piracy~~Infringements of Intellectual Property Rights, especially with regard to the sharing of best practices;

Amendment 75 #

Motion for a resolution
Paragraph 6 a (new)

6a. Considers that it will be possible to achieve greater transparency and better information in an effective manner only with the cooperation of the main internet stakeholders who convey content protected by IPR and that it is therefore desirable to involve them in such efforts to achieve transparency and the circulation of information;

Amendment 76 #

Motion for a resolution
Paragraph 7

7. Insists on the need to coordinate initiatives and campaigns in all Member States in order to avoid duplication of work and ensure coherence and efficiency;

Amendment 77 #

Mady DELVAUX

Motion for a resolution
Paragraph 8

8. Believes that the lack of a competitive supply of non-infringing products and content makes it difficult to deter consumers from buying unlawful goods or using unlawful content; takes the view that sufficient progress has not been made in this area, and reiterates its demand that the Commission and Member States put more pressure on the industry to develop, in all Member States, licit offers that are both diversified and attractive;deleted

Amendment 78 #

Motion for a resolution
Paragraph 8

8. Believes that the lack, to some extent, of a competitive supply of non-infringing products and content makes it difficult to deter consumers from buying unlawful goods or using unlawful content; takes the view that ~~sufficient~~further progress ~~has not~~needs to been made in this area, and reiterates its demand that the Commission and Member States put more pressure on the industry to develop, in all Member States, licit offers that are both diversified and attractive;

Amendment 79 #

Motion for a resolution
Paragraph 8

8. Believes that ~~the lack of a~~in certain sectors, particularly the audiovisual, the poor competitive supply of non-infringing products and content makes it difficult to deter consumers from buying unlawful goods or using unlawful content; takes the view that sufficient progress has not been made in this area, and reiterates its demand that the Commission and Member States put more pressure on the industry to develop, in all Member States, licit offers that are both diversified and attractive;

Amendment 8 #

Max ANDERSSON

Motion for a resolution
Recital A

A. whereas intellectual property rights are one of the driving forces of innovation and creativity and a key contributor to competitiveness and employment; whereas product authenticity must not be conflated with product safety and product quality issues, the enforcement of intellectual property rights ~~plays a significant~~could also play a role in ensuring consumers’ health and safety; whereas counterfeiting is generally linked with a black economy;

Amendment 80 #

Motion for a resolution
Paragraph 8

8. Believes that ~~the lack of a~~progress with regard to the competitive supply of non-infringing products and content makes it difficult to deter consumers from buying unlawful goods or using unlawful content; takes the view that sufficient progress has not been made in this area, and reiterates its demand that the Commission and Member States put more pressure on the industry to develop, in all Member States, licit offers that are both diversified and attractive;ust continue, so that citizens/consumers genuinely have every opportunity to purchase licit goods or to use licit content.

Amendment 81 #

Motion for a resolution
Paragraph 8

8. Believes that ~~the lack of a competitive supply of non-infringing products and content makes it~~it can be difficult to deter consumers from buying unlawful goods or using unlawful content; takes the view that sufficient progress has not been made in this area, and reiterates its demand that the Commission and Member States put more pressure on the industry to develop, in all Member States, licit offers that are both diversified and attractive and that this can be due to a lack of consumer awareness about legal offers in addition to a lack of supply;

Amendment 82 #

Motion for a resolution
Paragraph 8

8. Believes that ~~the lack of a competitive supply of non-infringing products and content makes it difficult to deter consumers from buying unlawful goods or using unlawful content~~infringements of IPR hamper the development of new economic models whose competitiveness is damaged by illicit offers an abusive practices; takes the view that sufficient progress has not been made in this area, and reiterates its demand that the Commission and Member States ~~put more pressure on th~~support the cultural and creative industry toin developing, in all Member States, licit offers that are both diversified and attractive;

Amendment 83 #

Motion for a resolution
Paragraph 9

~~9. Takes the view as well that opportunities for infringement should not be created, and that business models should be reconsidered by the industry in certain sectors;~~deleted

Amendment 84 #

Motion for a resolution
Paragraph 9

~~9. Takes the view as well that opportunities for infringement should not be created, and that business models should be reconsidered by the industry in certain sectors;~~deleted

Amendment 85 #

Mady DELVAUX

Motion for a resolution
Paragraph 9

~~9. Takes the view as well that opportunities for infringement should not be created, and that business models should be reconsidered by the industry in certain sectors;~~deleted

Amendment 86 #

Motion for a resolution
Paragraph 9

9. Takes the view as well that o~~pportunities for infringement should not be created, and that business models should be reconsidered by the industry in certain sectors~~ne way of strengthening IPR could be to develop innovative business models; further stresses that the improvement and constant adaptation of such models to the advance of technology should be reconsidered for certain sectors of the industry;

Amendment 87 #

Motion for a resolution
Paragraph 9

9. Takes the view as well that opportunities for infringement should not be created, and that business models should be reconsidered by the industry in certain sectors; feels, furthermore, that adequate safeguards should be taken in respect of copyright-protected goods;

Amendment 88 #

Motion for a resolution
Paragraph 9

9. Takes the view as well that opportunities for infringement should not be created, and that business models should be reconsidered by the industry in certain sectors; Recommends the acknowledgement of all cultural entities, including authors and performers to be provided with up-to-date, EU-wide recognition and legal protection for their creative and artistic work through exclusive rights and recognition of the producers and publishers role in producing and bringing works to the market, and the need for fair compensation for all categories of right holders, in the digital environment and in the analogue world alike.

Amendment 89 #

Max ANDERSSON

Motion for a resolution
Paragraph 9 a (new)

9a. Asks the Commission to increase its efforts to put an end to extortion practices profiting from over-broad protection of vaguely defined intellectual property assets;

Amendment 9 #

Motion for a resolution
Recital A

A. whereas intellectual property rights are one of the driving forces of innovation and creativity and a key contributor to competitiveness and employment; whereas the enforcement of intellectual property rights plays a significant role in ensuring consumers’ health and safety; whereas counterfeiting is generally linked with a black economy and organised crime, through financial contributions;

Amendment 90 #

Motion for a resolution
Paragraph 9 a (new)

9a. Stresses that intellectual property rights are guarantors of the creativity, innovation and competiveness of the cultural and creative industries in particular, but also of other industrial sectors, as underlined by Commission in its Communication ‘For a European industrial renaissance’; calls on the Commission to continue the work of taking IPR into account as a factor in the competitiveness of the European economy;

Amendment 91 #

Motion for a resolution
Paragraph 9 b (new)

9b. Takes the view that extensive intermediary liability regimes threatens the development of new business models and a free and open internet;

Amendment 92 #

Motion for a resolution
Paragraph 10 a (new)

10a. Welcomes the decision set out in the Commission’s Communication to the European Parliament and to the Council of 1 July 2014, and more specifically Action 4 therein, which was aimed at improving IPR civil enforcement procedures for SMEs, in particular in respect of low value claims and possible action in that field;

Amendment 93 #

Motion for a resolution
Paragraph 10

10. ~~Welcom~~Notes the Commission’s ~~declared~~ intention to ~~support SMEs in enforcing their IPR and, in particular, to further assess SMEs’ needs for future EU action~~further assess the need for the enforcement of IPR for SMEs with a view to future EU action; further stresses that this should also apply to independent creators;

Amendment 94 #

Motion for a resolution
Paragraph 10

10. Welcomes the Commission’s declared intention to support SMEs in enforcing their IPR through improving accessible ways of civil redress in order to better fight market abuse from larger competitors and, in particular, to further assess SMEs’ needs for future EU action;

Amendment 95 #

Motion for a resolution
Paragraph 11

Amendment 96 #

Motion for a resolution
Paragraph 11

11. Calls on the Commission to make sure that any measure taken will have a limited impact in terms of the burden and cost imposed on SMEs; in particular, calls on the Commission to assess further how SMEs could take part in qualitative auditing schemes and to identify what specific measures could be taken in favour of SMEs to this end, thus should take as a basis a high level of protection, and develop and evidence-based approach taking into consideration the interest of small and medium-sized enterprises, since rights are crucial to intellectual creation and provide a stable, clear and flexible legal base that fosters, investments and growth in the creative and cultural sector, whilst removing legal uncertainties and inconsistencies that adversely affect the functioning of the internal market to the prejudice of consumers and right holders;

Amendment 97 #

Motion for a resolution
Paragraph 12

12. Insists on the need to take into account SMEs when drafting legislation, and reiterates that the ‘think small first’ principle should be applied at all times, in particular with regards to clarifying which achievements constitute patentable subject matter;

Amendment 98 #