2021/2007(INI) An intellectual property action plan to support the EU’s recovery and resilience
Lead committee dossier:
Progress: Awaiting committee decision
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | JURI | WALSMANN Marion ( EPP) | GARCÍA DEL BLANCO Ibán ( S&D), SÉJOURNÉ Stéphane ( Renew), BREYER Patrick ( Verts/ALE), LEBRETON Gilles ( ID), STANCANELLI Raffaele ( ECR), MAUREL Emmanuel ( GUE/NGL) |
Committee Opinion | DEVE | TOIA Patrizia ( S&D) | Ryszard CZARNECKI ( ECR), Iskra MIHAYLOVA ( RE), Michèle RIVASI ( Verts/ALE), Gianna GANCIA ( ID) |
Committee Opinion | CULT | SLABAKOV Andrey ( ECR) | Martina MICHELS ( GUE/NGL), Laurence FARRENG ( RE), Niklas NIENASS ( Verts/ALE), Gianantonio DA RE ( ID) |
Committee Opinion | IMCO | BOTOŞ Vlad-Marius ( Renew) | Marcel KOLAJA ( Verts/ALE), Leszek MILLER ( S&D), Geert BOURGEOIS ( ECR) |
Committee Opinion | AGRI | TOLLERET Irène ( Renew) | Mara BIZZOTTO ( ID), Giuseppe FERRANDINO ( S&D), Mazaly AGUILAR ( ECR), Claude GRUFFAT ( Verts/ALE) |
Lead committee dossier:
Legal Basis:
RoP 54
Legal Basis:
RoP 54Events
2021/05/25
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
- Committee draft report: PE693.593
- Committee draft report: PE693.593
Activities
- Angel DZHAMBAZKI
Plenary Speeches (0)
- Stanislav POLČÁK
Plenary Speeches (0)
- Rainer WIELAND
Plenary Speeches (0)
- Clare DALY
Plenary Speeches (0)
- Mick WALLACE
Plenary Speeches (0)
- Andrey SLABAKOV
Plenary Speeches (0)
- Marion WALSMANN
Plenary Speeches (0)
Amendments | Dossier |
57 |
2021/2007(INI)
2021/04/28
IMCO
57 amendments...
Amendment 1 #
Draft opinion Recital A A. whereas while intellectual property (IP)
Amendment 10 #
Draft opinion Recital B a (new) Ba. whereas intellectual property rights (IPR) stifle innovation of start-ups by providing protection for established businesses;
Amendment 11 #
Draft opinion Recital B b (new) Bb. whereas the innovative solutions that will ensure a sustainable and digital post-COVID economic recovery are based on Intellectual Property rights, few micro and SMEs benefit from their IP when trying to get access to finance.
Amendment 12 #
Draft opinion Recital B b (new) Bb. whereas businesses with a large market share often charge consumers higher prices because of inflated intellectual property (IP) costs;
Amendment 13 #
Draft opinion Recital B c (new) Bc. whereas start-ups often receive public funding yet claim a private right to intellectual property;
Amendment 14 #
Draft opinion Paragraph 1 1. Stresses the importance of better cooperation between the European Union and the Member States to
Amendment 15 #
Draft opinion Paragraph 1 1. Stresses the importance of better cooperation between the European Union and the Member States to harmonise IP legislation and facilitate the access of economic operators to IPR registration at EU level; underlines that EU innovators should have access to fast, effective and affordable protection tools; recommends that the current legislation be adapted in order to improve the functioning of the single market for IP and to enhance consumer protection;
Amendment 16 #
Draft opinion Paragraph 1 1. Stresses the importance of better cooperation between the European Union and the Member States to harmonise IP legislation and facilitate the access of economic operators to IPR registration at EU level, as well as of effective harmonization of enforcement of IP rights in the EU; recommends that the current legislation be adapted in order to improve the functioning of the single market for IP;
Amendment 17 #
Draft opinion Paragraph 1 1. Stresses the importance of better cooperation between the European Union and the Member States to harmonise IP legislation and facilitate the access of economic operators to IPR registration at EU level; recommends that the current legislation be
Amendment 18 #
Draft opinion Paragraph 1 a (new) 1a. Underlines that IPR protection is a crucial component of the European Union's internal market as IPR-intensive industries generate significant part of EU gross domestic product and contribute to quality job creation; notes that the Court of Justice of the European Union (CJEU) is becoming increasingly active for IPR disputes and that the Lisbon Treaty contains the still unused clause of Article 262 TFEU allowing for significantly strengthening the competences of the Union in the field of IPR;
Amendment 19 #
Draft opinion Paragraph 1 a (new) Amendment 2 #
Draft opinion Recital A A. whereas global intellectual property (IP) registrations are constantly increasing
Amendment 20 #
Draft opinion Paragraph 1 b (new) 1b. Underlines the global nature of IPR development, in particular the need for trade-related support for European companies; stresses that international competitiveness and attractiveness is nevertheless rooted in a strong and resilient internal market, including in IPR protection and enforcement;
Amendment 21 #
Draft opinion Paragraph 1 c (new) 1c. Notes that the EU lags behind in IPR filing statistics and in the concentration of filings in computer technologies compared to other global competitors, recommends that the Commission takes steps to facilitate greater uptake of IPRs, including via swift implementation of the UPC;
Amendment 22 #
Draft opinion Paragraph 2 2. Calls on the Commission to formulate a strategy to tackle and minimise infringements
Amendment 23 #
Draft opinion Paragraph 2 2.
Amendment 24 #
Draft opinion Paragraph 2 2. Calls on the Commission to formulate a strategy to tackle and minimise infringements, hold-backs, counterfeiting and piracy, which continue to thrive and have proven to be even more dangerous during the COVID-19 pandemic, posing severe health, safety and security threats to consumers; welcomes the Commission’s proposal for the Digital Services Act package which clarifies and upgrades the responsibilities of digital services, in particular online platforms;
Amendment 25 #
Draft opinion Paragraph 2 a (new) 2a. Stresses the importance of obtaining a European unitary patent system, which covers all Member States and, therefore, will create a one-stop shop for businesses, considerably simplify patenting in the EU and boosts transparency and facilitates licensing. Asks in this regard for a full Member States engagement for a rapid rollout of the unitary patent system.
Amendment 26 #
Draft opinion Paragraph 2 a (new) 2a. Warns against any upload filtering measures; reminds that according to the Commission’s own impact assessment, these tools are not consistently accurate and there are very few possibilities to inspect their reliability; reminds that the use of such tools, although they are able to remove large volumes of content very fast, brings at the same time a set of challenges in particular with regard to more context-sensitive content; asks that any additional measures aimed at removing or disabling access to illegal content shall not be decided before the DSA will be fully implemented; in this respect calls for the Commission to issue guidelines on article 17 of Directive (EU) 2019/790; reminds that the European Commission defended the legal interpretation of Article 17 before the European Court of Justice, according to which only manifestly infringing uses of copyrighted content may be blocked;
Amendment 27 #
Draft opinion Paragraph 2 a (new) 2a. Stresses the importance of ensuring the availability of critical IP in times of crisis, including via new harmonised licensing tools and a system to co-ordinate compulsory licensing to make the EU’s internal market more resilient by tackling, among others, the lack of availability of specific products and better protection of consumers’ interests by avoiding dramatic price increases; urges in this regard for a swift launch of the Unitary Patent System to facilitate affordable licencing and transparency through a one-stop shop;
Amendment 28 #
Draft opinion Paragraph 2 a (new) 2a. Stresses the importance of the IPR intensive industries in the green and digital recovery and resilience strategies; calls on the European Commission to strengthen the single market by cooperating with the Member States in finding a common approach to solving the infringements and minimizing the hold- backs, avoiding multiple judiciary procedures in case of European registered patents.
Amendment 29 #
Draft opinion Paragraph 2 b (new) 2b. Underlines that the open system and the technological transfer in the single market is crucial in having a real digital and green economy and a fast recovery; calls on the Commission to cooperate with the industry and the stakeholders to find solutions for a better differentiation between the essential and the additional patents and fora clearer approach on the obligations for licencing on the intermediate and final product;
Amendment 3 #
Draft opinion Recital A a (new) Aa. whereas 45% of the GDP comes from IPR intensive industries, only 9% of the EU SMEs have registered IP rights, the lack of information on the registration and management of the IP hinders the full use of the opportunities offered by IP and data sharing; whereas the small number of IP registrations of micro and SMEs might be the result of high costs and administrative burden.
Amendment 30 #
Draft opinion Paragraph 2 c (new) 2c. Welcomes the fact that the Commission is evaluating the possibility to introduce a unified SPC grant mechanism and/or create a unitary SPC title, which would solve the actual situation of fragmented implementation across Member States.
Amendment 31 #
Draft opinion Paragraph 2 d (new) 2d. Stresses the importance to urgently address the lack of harmonised IPR enforcement at the EU level; asks the Commission to evaluate if new measures or guidelines that facilitates cross border IPR enforcement could complement IPR enforcement Directive such as European harmonisation of legal obligations on procedures, procedural safeguards etc.
Amendment 32 #
Draft opinion Paragraph 3 3. Underlines that a green and digital recovery and resilience in the single market
Amendment 33 #
Draft opinion Paragraph 3 3. Underlines that a green and digital recovery and resilience in the single market
Amendment 34 #
Draft opinion Paragraph 3 3. Underlines that a green
Amendment 35 #
Draft opinion Paragraph 3 a (new) 3a. Stresses that owning IPR leads to stability and economic growth of the companies, studies show that these companies pay their employees up to 19% higher salaries overall and tend to be more stable; calls on the Commission and the Member States to create a strategy to accelerate and support the research and development leading to the transformation of the R&D results into valuable economic enterprises through the registration and valorisation of IP at the European level increasing the number of the micro and SMEs using IPR thus creating a more resilient economy and single market.
Amendment 36 #
Draft opinion Paragraph 3 a (new) 3a. Stresses that patents exist to reward innovation, not to provide income for products that are not particularly innovative. Consumers consider that some software products that have been around for decades (such as Word and Excel, invented in 1981) are too expensive and that the protection afforded to them no longer corresponds to the innovation they bring.
Amendment 37 #
Draft opinion Paragraph 3 b (new) 3b. Notes that the Commission is very active in genericizing certain innovative industries such as the pharmaceutical industry, sometimes at the expense of employment and research in Europe, while allowing other less innovative industries (consumer software, music from the 1960s...) to reap a quasi- perpetual income at the expense of consumers.
Amendment 38 #
Draft opinion Paragraph 4 4. Urges the Commission to cooperate with the Member States to facilitate access to financial support and credits based on intangible assets in order to encourage SMEs to register their IP
Amendment 39 #
Draft opinion Paragraph 4 4. Urges the Commission to cooperate with the Member States to facilitate access to financial support
Amendment 4 #
Draft opinion Recital A b (new) Ab. whereas there is a lack of information in some Member States regarding the benefits and the intrinsic value of IPR that increases total value of the company leading to a more resilient and stronger position on the single market.
Amendment 40 #
Draft opinion Paragraph 4 4. Urges the Commission to cooperate with the Member States to facilitate access to financial support and credits based on intangible assets in order to encourage SMEs to register their IP and reap the full
Amendment 41 #
Draft opinion Paragraph 4 a (new) 2a Welcomes the call of the Commission to improve the conditions for companies to protect and use IP in public procurement. Invites the Member States to consider leaving IP ownership to the contractors where appropriate, unless there are overriding public interests at stake or incompatible open licensing strategies in place. Urges the Commission to clarify issues related to IP in public procurement in the update of the guidance on innovation procurement as announced in the SME strategy.
Amendment 42 #
Draft opinion Paragraph 4 a (new) 4a. Notes that the use of AI systems in the realms of creation, innovation and science has grown spectacularly in recent years and is expected to continue to do so in the years to come, thus new technologies offer a unique window of opportunity to support the sustainable recovery of EU’s economy and resilience of the internal market while leaving no one and no region behind; underlines that the Commission shall incentivise and reward green technologies and inventions;
Amendment 43 #
Draft opinion Paragraph 4 a (new) 4a. Reminds that the Commission’s data strategy already foresees the re- evaluation of the IPR framework with a view to further enhance data access and use accordingly; recalls in this regard that the first evaluation of Directive 96/9/EC on the legal protection of databases stated that the introduction of the new “sui generis right” has achieved a decrease in the production of European databases, therefore encourages the Commission to repeal the directive;
Amendment 44 #
Draft opinion Paragraph 4 a (new) 4a. Underlines the importance of the IPR in a resilient economy and in a green recovery and urges the Commission and the Member States to extend the eligibility for European funds to all the economic operators for the registration and valorisation of the IP leading to an increase of the added value of the product through the integration of licenses.
Amendment 45 #
Draft opinion Paragraph 4 a (new) 4a. Calls on Member States and the Commission to draw up a list of foreign companies found guilty of espionage, piracy or aggravated theft of intellectual property at the expense of European companies or Member States, and to exclude companies on that list from public procurement in Europe.
Amendment 46 #
Draft opinion Paragraph 4 a (new) 4a. Stresses the importance of reduced length of intellectual property rights, in particular in patents, vaccines, trade secrets, music, culture and publications, in order to induce more innovation;
Amendment 47 #
Draft opinion Paragraph 4 a (new) 4a. Emphasises the potential of Intellectual Property Rights with regards to incentivising research and innovation in the EU, particularly in the context of the COVID-19 pandemic;
Amendment 48 #
Draft opinion Paragraph 4 b (new) 4b. Welcomes the Commission intention to strengthen the enforcement of IPRs at EU level, by broadening the Commission’s mandate and assigning it to the European Anti-Fraud Office (OLAF), so that the latter does not only prevent counterfeit goods from entering the single market but can also act against illicit production of counterfeit goods within the EU; urges to bridge existing enforcement silos and to substantially strengthen the capacity of law enforcement authorities in order to address efficiently security problems for consumers revealed through the alerts in the RAPEX system; calls on the Commission to promote campaigns to combat the entry of the most harmful counterfeit goods for consumers on the market; underlines that for a well- functioning data economy, global enforcement cooperation but as well the sharing of data is necessary, in order to guarantee that as well companies not head-quartered in the EU do comply with European consumer protection rules; urges the Commission to enhance further cross-topic enforcement, to ensure full consumer protection; welcomes in this regard the “Digital Clearing House” and “PEER” initiatives;
Amendment 49 #
Draft opinion Paragraph 4 b (new) 4b. Reiterates the mission of the European Union as a global standard- setter in IP and its important role to address unfair practices and ensure a balanced approach at both EU and global level;
Amendment 5 #
Draft opinion Recital B B. whereas although intellectual property rights (IPR) are well regulated in most Member States
Amendment 50 #
Draft opinion Paragraph 4 b (new) 4b. Calls on the Commission to formulate a strategy to protect consumers from undue price-hiking based on inflated IP costs;
Amendment 51 #
Draft opinion Paragraph 4 c (new) 4c. Calls on the Commission, to propose an efficient and transparent uniform mechanism for the protection of non-agricultural GIs (such as handicrafts), which are often an important part of local identity, attract tourism, retain unique skills and contribute to quality job creation as well in less developed regions; stresses that this would provide consumers with better visibility and authenticity indications for these products;
Amendment 52 #
Draft opinion Paragraph 4 c (new) 4c. Calls on the Commission and Member States to make collective efforts to ensure that implementation of the Action Plan will result in strong and effective reforms and application of the of IP regulation, with the ultimate aim of securing competitiveness in the Single Market;
Amendment 53 #
Draft opinion Paragraph 4 c (new) 4c. Urges the Commission to update their intellectual property action plan with a public funding = public goods' approach.
Amendment 54 #
Draft opinion Paragraph 4 d (new) 4d. Welcomes the Action Plan’s aim to strengthen support to the EUs Geographical Indication system by protecting both agricultural geographical indications (GIs) as well as non- agricultural products, in order to improve their competitiveness, enable producers to fully benefit from their opportunities, and contribute to the economic, social and environmental sustainability in the Single Market;
Amendment 55 #
Draft opinion Paragraph 4 e (new) 4e. Stresses that the initiative should effectively support and build upon the EU’s efforts to set strong AI regulation to improve citizen trust and safety in issues linked to AI, blockchain and Internet of Things, specifically in the areas of healthcare, education, migration and green technology, while protecting consumers’ fundamental rights;
Amendment 56 #
Draft opinion Paragraph 4 f (new) 4f. Underlines that counterfeit products placed in the Internal Market and failures in market surveillance have negative implications to the detriment of consumers and overall trust in the Single Market; calls in this regards for an updated impact assessment of the overall functioning of the Enforcement Directive (2004/48/EC);urges the Commission to effectively enforce the implementation of the customs legislation and harmonise customs controls throughout the EU;
Amendment 57 #
Draft opinion Paragraph 4 g (new) 4g. Considers the Single Market can and should be further consolidated by means of its own unitary patent system; calls on the Member States to renew the impetus towards the introduction of the unitary patent system and the Unified Patent Court;
Amendment 6 #
Draft opinion Recital B B. whereas although intellectual property rights (IPR) are well regulated in most Member States, a single market for enforcement of such rights is still missing, and infringements and hold-backs are jeopardising cultural diversity and the open system that leads to innovations; whereas counterfeit products are still abundant in the single market, with most of them entering the EU through the digital market, causing financial losses of approximately EUR 60 billion per year;
Amendment 7 #
Draft opinion Recital B B. whereas although intellectual property rights (IPR) are well regulated in most Member States, infringements
Amendment 8 #
Draft opinion Recital B B. whereas although intellectual property rights (IPR) are well regulated in most Member States, infringements and hold-backs are jeopardising the open system that leads to innovations; whereas counterfeit products are
Amendment 9 #
Draft opinion Recital B a (new) Ba. whereas the registrations for IP slightly increased in the first months of 2021 compared with the same period of the 2020, it is estimated that the Intellectual Property registration is still affected by the Covid-19 pandemics, with visible effect in the period to come especially in the development and innovation areas;
source: 691.464
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