BETA


Events

2021/11/11
   EP - Decision by Parliament
Details

The European Parliament adopted by 454 votes to 94, with 23 abstentions, a resolution on an intellectual property action plan to support the EU’s recovery and resilience.

The COVID-19 pandemic has shown the importance of intellectual property protection policies since it illustrated the need for effective measures to address the shortage of vaccines against COVID-19.

Parliament supports the Commission in pursuing the objectives of its November 2020 IP action plan, as strong, balanced and robust intellectual property rights (IPR) protection at national, European and international levels is particularly important for the recovery from the pandemic. Members called on the Commission to support the ability of European businesses to innovate on the basis of a comprehensive intellectual property regime.

SMEs and intellectual property protection

Members highlighted that intellectual property rights have many benefits for small and medium-sized enterprises (SMEs) and micro-enterprises. It is noted that SMEs that own IPRs generate up to 68 % higher revenue per employee and pay wages that are 20 % higher than those in SMEs that do not. Members are concerned that many SMEs find it difficult to determine their own strategy and manage their IPR. They called on the Commission, the European Patent Office (EPO) and the European Union Intellectual Property Office (EUIPO) to develop new measures to promote simple registration procedures and low administrative fees for micro-enterprises and SMEs.

In the context of economic recovery, they called for the implementation of support measures for SMEs, including the provision of a one-stop shop for access to IP information, services and advice.

Unitary Patent package

The unitary patent package (UPP), which includes the European patent with unitary effect (unitary patent) and the Unified Patent Court (UPC), aims at making patent protection less costly, as well as making dispute settlement across Europe comprehensible, by avoiding parallel procedures in Member States, and less costly, by reducing legal costs, as well as more accessible and efficient, thereby enhancing legal certainty.

Members asked the participating Member States which have not yet done so, therefore, to move forward on the ratification of the Protocol to the Agreement on a Unified Patent Court on provisional application (PPA), as soon as possible.

Supplementary protection certificates

The supplementary protection certificate (SPC) regime within the EU, while of great practical relevance, suffers from fragmented implementation across the Member States. Members urged the Commission to issue guidelines for the Member States and to address this fragmentation, including by legislative proposals based on an exhaustive impact assessment.

Standard essential patents

Acknowledging the importance of a balanced licensing system for standard essential patents, Members insisted on the importance of stable, efficient and fair rules for this. It underlined that ‘fair, reasonable and non-discriminatory terms’ (FRAND) are vague legal terms that include legal uncertainty. The Commission is called on to monitor industry developments and provide more clarity on various aspects of FRAND as well as case law and including through designating an observatory (competence centre) for this purpose.

The Commission is called on to update the registration procedure to allow for new forms of design , such as graphical user interfaces, virtual and animated designs, fonts and icons, and those relevant following new developments and technologies.

Geographical indications

Around 3 300 products are protected by the EU as geographical indications (GIs) and the yearly value of all these products has increased to over EUR 75 billion.

Members consider that the issue of the administrative burden on producers in connection with the registration and management of GI and traditional specialities guaranteed product specifications should be a priority.

They consider it essential to protect intellectual property rights so as to promote research and innovation, in particular with a view to introducing more resilient agricultural varieties to cope with climate change and to establishing sustainable agro-ecological farming models.

The protection of plant variety rights is essential and requires a strong and enforceable protection system in the EU.

Parliament called for an EU-wide protection system for geographical indications for non-agricultural products , in particular as provision has already been made for this at international level.

Fighting intellectual property right infringements (IPR)

The resolution pointed out that counterfeit goods, such as, for example, counterfeit medicines or fake personal protective equipment or masks in the context of health crisis like the COVID-19 pandemic pose serious threats to the health and safety of EU citizens. Members also regretted the significant use of the internet for the distribution of counterfeit products, infringing content and IPR-infringing services, with significant adverse effects for EU manufacturing industry. They welcomed the fact that the Commission intends to come up with an EU toolbox against counterfeiting to improve cooperation between rights holders, public authorities, law enforcement authorities at national and EU level.

The Commission is called on to strengthen the protection and enforcement of intellectual property rights in third countries , including through increased funding for the EU's ongoing cooperation programmes with China, South East Asia and Latin America and the collective partnership with the African continent.

New challenges for IP policy-making

Parliament highlighted that intellectual property protection related to AI technologies is important and should be duly considered. It also recognised the high potential of blockchain technologies for the registration and protection of intellectual property rights and ensuring safety and securing every step against the dangers of counterfeiting at each level of the supply chain.

Documents
2021/11/10
   EP - Debate in Parliament
2021/10/26
   EP - Committee report tabled for plenary
Details

The Committee on Legal Affairs adopted the own-initiative report by Marion WALSMANN (EPP, DE) on an intellectual property action plan to support the EU’s recovery and resilience.

The report noted that balanced protection and enforcement of intellectual property rights (IPR) are very important to the European economy as well as to the EU’s recovery and resilience, in particular to the COVID-19 pandemic.

Members welcomed the intellectual property action plan to support the EU’s recovery and resilience, dated 25 November 2020, in which the Commission makes provision for such an overall strategy in order to make better use of the EU’s innovative potential.

SMEs and intellectual property protection

Members highlighted that intellectual property rights have many benefits for small and medium-sized enterprises (SMEs) and micro-enterprises. It is noted that SMEs that own IPRs generate up to 68 % higher revenue per employee and pay wages that are 20 % higher than those in SMEs that do not. Members are therefore concerned that many SMEs have difficulties in determining their own IP strategy and managing their IPRs. In this regard, they welcome IP vouchers, the IP Scan and other Commission and EUIPO initiatives to support simple registration procedures and low administrative fees for micro-enterprises and SMEs and to help them make the most of their IP. The Commission, the European Patent Office (EPO) and the EUIPO are asked to consider extending these initiatives to all kinds of IP assets and to identify further measures to promote the benefits of IPR registration for the development of SME activities.

Unitary Patent package

The report stressed that the unitary patent package (UPP), which includes the European patent with unitary effect (unitary patent) and the Unified Patent Court (UPC), aims at making patent protection more efficient, as well as making dispute settlement across Europe comprehensible, by avoiding parallel procedures in Member States, and less costly, by reducing legal costs, as well as more accessible and efficient, thereby enhancing legal certainty.

Members asked the participating Member States which have not yet done so, therefore, to move forward on the ratification of the Protocol to the Agreement on a Unified Patent Court on provisional application (PPA), as soon as possible.

Supplementary protection certificates

The supplementary protection certificate (SPC) regime within the EU, while of great practical relevance, suffers from fragmented implementation across the Member States. Members urged the Commission to issue guidelines for the Member States and to address this fragmentation, including by legislative proposals based on an exhaustive impact assessment.

Standard essential patents

Acknowledging the importance of a balanced licensing system for standard essential patents, Members insisted on the importance of stable, efficient and fair rules for this. It underlined that ‘fair, reasonable and non-discriminatory terms’ (FRAND) are vague legal terms that include legal uncertainty. The Commission is called on to monitor industry developments and provide more clarity on various aspects of FRAND as well as case law and including through designating an observatory (competence centre) for this purpose.

Geographical indications

Around 3 300 products are protected by the EU as geographical indications (GIs) and the yearly value of all these products has increased to over EUR 75 billion. Members welcomed the initiatives and actions to strengthen, modernise, streamline and better enforce the system of GIs for agricultural products, food, wines and spirits in order to make it more precise and effective, since they contribute to creating and protecting quality jobs, to the promotion of social, environmental and economic sustainability in rural areas, and to fostering European cultural diversity.

The report called for an EU-wide protection system for geographical indications for non-agricultural products , in particular as provision has already been made for this at international level.

Fighting IPR infringements

The report pointed out that counterfeit goods , such as, for example, counterfeit medicines or fake personal protective equipment or masks in the context of health crisis like the COVID-19 pandemic pose serious threats to the health and safety of EU citizens. Members also regretted the significant use of the internet for the distribution of counterfeit products, infringing content and IPR-infringing services, with significant adverse effects for EU manufacturing industry. They welcomed the fact that the Commission intends to come up with a EU toolbox against counterfeiting in order to improve cooperation between rights holders, public authorities, law enforcement authorities at national and EU level.

New challenges for IP policy-making

The report highlighted that intellectual property protection related to AI technologies is important and should be duly considered. Although current rules on the protection of computer-implemented inventions by patents may cover AI technologies, there is a need for clear criteria for the protection of inventions generated with the assistance of AI technologies.

Documents
2021/09/30
   EP - Vote in committee
2021/09/10
   EP - Committee opinion
Documents
2021/09/07
   EP - Committee opinion
Documents
2021/07/15
   EP - Committee opinion
Documents
2021/06/23
   EP - Amendments tabled in committee
Documents
2021/06/22
   EP - Committee opinion
Documents
2021/05/26
   EP - Committee draft report
Documents
2021/05/19
   EP - TOLLERET Irène (Renew) appointed as rapporteur in AGRI
2021/04/12
   EP - WALSMANN Marion (EPP) appointed as rapporteur in JURI
2021/02/22
   EP - SLABAKOV Andrey (ECR) appointed as rapporteur in CULT
2021/02/17
   EP - TOIA Patrizia (S&D) appointed as rapporteur in DEVE
2021/02/11
   EP - Committee referral announced in Parliament
2021/02/09
   EP - BOTOŞ Vlad-Marius (Renew) appointed as rapporteur in IMCO

Documents

Activities

Votes

Un plan d’action en faveur de la propriété intellectuelle afin de soutenir la reprise et la résilience dans l’Union européenne - An intellectual property action plan to support the EU’s recovery and resilience - Aktionsplan für geistiges Eigentum zur Förderung der Erholung und der Resilienz der EU - A9-0284/2021 - Marion Walsmann - Proposition de résolution (ensemble du texte) #

2021/11/11 Outcome: +: 454, -: 94, 0: 23
IT PL FR RO ES DE NL HU AT SK HR BG BE EL CZ EE PT LV FI SI MT LT DK IE SE CY LU
Total
68
45
67
30
43
74
23
16
15
11
12
9
20
14
16
7
17
7
13
5
5
9
8
13
14
5
5
icon: PPE PPE
142

Hungary PPE

1

Estonia PPE

For (1)

1

Latvia PPE

2

Finland PPE

2

Slovenia PPE

3

Malta PPE

2

Sweden PPE

2
2

Luxembourg PPE

2
icon: S&D S&D
122

Netherlands S&D

4

Slovakia S&D

2

Bulgaria S&D

3

Belgium S&D

For (1)

3

Greece S&D

For (1)

1

Czechia S&D

For (1)

1

Estonia S&D

2

Latvia S&D

2

Slovenia S&D

For (1)

1

Lithuania S&D

2

Denmark S&D

2

Cyprus S&D

1

Luxembourg S&D

For (1)

1
icon: Renew Renew
83

Italy Renew

2

Poland Renew

1

Hungary Renew

2

Austria Renew

For (1)

1

Croatia Renew

For (1)

1

Bulgaria Renew

For (1)

1

Estonia Renew

3

Finland Renew

3

Slovenia Renew

For (1)

1

Lithuania Renew

1

Ireland Renew

2
3

Luxembourg Renew

For (1)

1
icon: ECR ECR
48

Romania ECR

1

Spain ECR

Abstain (1)

1

Germany ECR

1

Slovakia ECR

For (1)

1

Croatia ECR

1

Bulgaria ECR

1

Greece ECR

1

Latvia ECR

2
3
icon: ID ID
55
3

Belgium ID

2

Estonia ID

For (1)

1

Finland ID

2

Denmark ID

For (1)

1
icon: NI NI
28

Germany NI

1

Netherlands NI

1

Slovakia NI

1

Croatia NI

2
icon: The Left The Left
35

Germany The Left

Against (1)

Abstain (1)

5

Netherlands The Left

Against (1)

1

Belgium The Left

Against (1)

1

Greece The Left

3

Czechia The Left

Against (1)

1

Finland The Left

Against (1)

1

Denmark The Left

Against (1)

1

Ireland The Left

Against (2)

Abstain (1)

4

Sweden The Left

Against (1)

1

Cyprus The Left

2
icon: Verts/ALE Verts/ALE
58

Poland Verts/ALE

Against (1)

1

Spain Verts/ALE

3

Netherlands Verts/ALE

2

Austria Verts/ALE

Against (1)

1

Belgium Verts/ALE

3

Czechia Verts/ALE

3

Portugal Verts/ALE

Against (1)

1

Latvia Verts/ALE

Against (1)

1

Finland Verts/ALE

3

Lithuania Verts/ALE

2

Denmark Verts/ALE

1

Ireland Verts/ALE

2

Sweden Verts/ALE

Against (1)

1

Luxembourg Verts/ALE

Against (1)

1
AmendmentsDossier
394 2021/2007(INI)
2021/04/28 IMCO 57 amendments...
source: 691.464
2021/06/18 DEVE 60 amendments...
source: 693.868
2021/06/24 JURI 160 amendments...
source: 694.957
2021/06/25 AGRI 117 amendments...
source: 693.835

History

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

docs/6
date
2021-11-11T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2021-0453_EN.html title: T9-0453/2021
type
Text adopted by Parliament, single reading
body
EP
events/4/summary
  • The European Parliament adopted by 454 votes to 94, with 23 abstentions, a resolution on an intellectual property action plan to support the EU’s recovery and resilience.
  • The COVID-19 pandemic has shown the importance of intellectual property protection policies since it illustrated the need for effective measures to address the shortage of vaccines against COVID-19.
  • Parliament supports the Commission in pursuing the objectives of its November 2020 IP action plan, as strong, balanced and robust intellectual property rights (IPR) protection at national, European and international levels is particularly important for the recovery from the pandemic. Members called on the Commission to support the ability of European businesses to innovate on the basis of a comprehensive intellectual property regime.
  • SMEs and intellectual property protection
  • Members highlighted that intellectual property rights have many benefits for small and medium-sized enterprises (SMEs) and micro-enterprises. It is noted that SMEs that own IPRs generate up to 68 % higher revenue per employee and pay wages that are 20 % higher than those in SMEs that do not. Members are concerned that many SMEs find it difficult to determine their own strategy and manage their IPR. They called on the Commission, the European Patent Office (EPO) and the European Union Intellectual Property Office (EUIPO) to develop new measures to promote simple registration procedures and low administrative fees for micro-enterprises and SMEs.
  • In the context of economic recovery, they called for the implementation of support measures for SMEs, including the provision of a one-stop shop for access to IP information, services and advice.
  • Unitary Patent package
  • The unitary patent package (UPP), which includes the European patent with unitary effect (unitary patent) and the Unified Patent Court (UPC), aims at making patent protection less costly, as well as making dispute settlement across Europe comprehensible, by avoiding parallel procedures in Member States, and less costly, by reducing legal costs, as well as more accessible and efficient, thereby enhancing legal certainty.
  • Members asked the participating Member States which have not yet done so, therefore, to move forward on the ratification of the Protocol to the Agreement on a Unified Patent Court on provisional application (PPA), as soon as possible.
  • Supplementary protection certificates
  • The supplementary protection certificate (SPC) regime within the EU, while of great practical relevance, suffers from fragmented implementation across the Member States. Members urged the Commission to issue guidelines for the Member States and to address this fragmentation, including by legislative proposals based on an exhaustive impact assessment.
  • Standard essential patents
  • Acknowledging the importance of a balanced licensing system for standard essential patents, Members insisted on the importance of stable, efficient and fair rules for this. It underlined that ‘fair, reasonable and non-discriminatory terms’ (FRAND) are vague legal terms that include legal uncertainty. The Commission is called on to monitor industry developments and provide more clarity on various aspects of FRAND as well as case law and including through designating an observatory (competence centre) for this purpose.
  • The Commission is called on to update the registration procedure to allow for new forms of design , such as graphical user interfaces, virtual and animated designs, fonts and icons, and those relevant following new developments and technologies.
  • Geographical indications
  • Around 3 300 products are protected by the EU as geographical indications (GIs) and the yearly value of all these products has increased to over EUR 75 billion.
  • Members consider that the issue of the administrative burden on producers in connection with the registration and management of GI and traditional specialities guaranteed product specifications should be a priority.
  • They consider it essential to protect intellectual property rights so as to promote research and innovation, in particular with a view to introducing more resilient agricultural varieties to cope with climate change and to establishing sustainable agro-ecological farming models.
  • The protection of plant variety rights is essential and requires a strong and enforceable protection system in the EU.
  • Parliament called for an EU-wide protection system for geographical indications for non-agricultural products , in particular as provision has already been made for this at international level.
  • Fighting intellectual property right infringements (IPR)
  • The resolution pointed out that counterfeit goods, such as, for example, counterfeit medicines or fake personal protective equipment or masks in the context of health crisis like the COVID-19 pandemic pose serious threats to the health and safety of EU citizens. Members also regretted the significant use of the internet for the distribution of counterfeit products, infringing content and IPR-infringing services, with significant adverse effects for EU manufacturing industry. They welcomed the fact that the Commission intends to come up with an EU toolbox against counterfeiting to improve cooperation between rights holders, public authorities, law enforcement authorities at national and EU level.
  • The Commission is called on to strengthen the protection and enforcement of intellectual property rights in third countries , including through increased funding for the EU's ongoing cooperation programmes with China, South East Asia and Latin America and the collective partnership with the African continent.
  • New challenges for IP policy-making
  • Parliament highlighted that intellectual property protection related to AI technologies is important and should be duly considered. It also recognised the high potential of blockchain technologies for the registration and protection of intellectual property rights and ensuring safety and securing every step against the dangers of counterfeiting at each level of the supply chain.
docs/6
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2021-11-11T00:00:00
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docs/6
date
2021-10-26T00:00:00
docs
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type
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events/2/summary
  • The Committee on Legal Affairs adopted the own-initiative report by Marion WALSMANN (EPP, DE) on an intellectual property action plan to support the EU’s recovery and resilience.
  • The report noted that balanced protection and enforcement of intellectual property rights (IPR) are very important to the European economy as well as to the EU’s recovery and resilience, in particular to the COVID-19 pandemic.
  • Members welcomed the intellectual property action plan to support the EU’s recovery and resilience, dated 25 November 2020, in which the Commission makes provision for such an overall strategy in order to make better use of the EU’s innovative potential.
  • SMEs and intellectual property protection
  • Members highlighted that intellectual property rights have many benefits for small and medium-sized enterprises (SMEs) and micro-enterprises. It is noted that SMEs that own IPRs generate up to 68 % higher revenue per employee and pay wages that are 20 % higher than those in SMEs that do not. Members are therefore concerned that many SMEs have difficulties in determining their own IP strategy and managing their IPRs. In this regard, they welcome IP vouchers, the IP Scan and other Commission and EUIPO initiatives to support simple registration procedures and low administrative fees for micro-enterprises and SMEs and to help them make the most of their IP. The Commission, the European Patent Office (EPO) and the EUIPO are asked to consider extending these initiatives to all kinds of IP assets and to identify further measures to promote the benefits of IPR registration for the development of SME activities.
  • Unitary Patent package
  • The report stressed that the unitary patent package (UPP), which includes the European patent with unitary effect (unitary patent) and the Unified Patent Court (UPC), aims at making patent protection more efficient, as well as making dispute settlement across Europe comprehensible, by avoiding parallel procedures in Member States, and less costly, by reducing legal costs, as well as more accessible and efficient, thereby enhancing legal certainty.
  • Members asked the participating Member States which have not yet done so, therefore, to move forward on the ratification of the Protocol to the Agreement on a Unified Patent Court on provisional application (PPA), as soon as possible.
  • Supplementary protection certificates
  • The supplementary protection certificate (SPC) regime within the EU, while of great practical relevance, suffers from fragmented implementation across the Member States. Members urged the Commission to issue guidelines for the Member States and to address this fragmentation, including by legislative proposals based on an exhaustive impact assessment.
  • Standard essential patents
  • Acknowledging the importance of a balanced licensing system for standard essential patents, Members insisted on the importance of stable, efficient and fair rules for this. It underlined that ‘fair, reasonable and non-discriminatory terms’ (FRAND) are vague legal terms that include legal uncertainty. The Commission is called on to monitor industry developments and provide more clarity on various aspects of FRAND as well as case law and including through designating an observatory (competence centre) for this purpose.
  • Geographical indications
  • Around 3 300 products are protected by the EU as geographical indications (GIs) and the yearly value of all these products has increased to over EUR 75 billion. Members welcomed the initiatives and actions to strengthen, modernise, streamline and better enforce the system of GIs for agricultural products, food, wines and spirits in order to make it more precise and effective, since they contribute to creating and protecting quality jobs, to the promotion of social, environmental and economic sustainability in rural areas, and to fostering European cultural diversity.
  • The report called for an EU-wide protection system for geographical indications for non-agricultural products , in particular as provision has already been made for this at international level.
  • Fighting IPR infringements
  • The report pointed out that counterfeit goods , such as, for example, counterfeit medicines or fake personal protective equipment or masks in the context of health crisis like the COVID-19 pandemic pose serious threats to the health and safety of EU citizens. Members also regretted the significant use of the internet for the distribution of counterfeit products, infringing content and IPR-infringing services, with significant adverse effects for EU manufacturing industry. They welcomed the fact that the Commission intends to come up with a EU toolbox against counterfeiting in order to improve cooperation between rights holders, public authorities, law enforcement authorities at national and EU level.
  • New challenges for IP policy-making
  • The report highlighted that intellectual property protection related to AI technologies is important and should be duly considered. Although current rules on the protection of computer-implemented inventions by patents may cover AI technologies, there is a need for clear criteria for the protection of inventions generated with the assistance of AI technologies.
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