Activities of Marcel KOLAJA related to 2021/2007(INI)
Shadow opinions (1)
OPINION on an intellectual property action plan to support the EU’s recovery and resilience
Amendments (7)
Amendment 5 #
Draft opinion
Recital B
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 exceptions and limitations are still lacking in many areas, infringements are jeopardising the exclusivity of these rights, while thate leads to innovations; whereas counterfeit products are still abundant in the single market, with most of them entgal framework would deserve more openness, especially in a post-Covid world, in order to allow for more legal uses serving the EU through the digital market, causing financial losses of approximately EUR 60 billion per yearinnovation, not only for the benefit of society as a whole but also in the aim of placing the EU in a leading innovation position in the world;
Amendment 17 #
Draft opinion
Paragraph 1
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 adaptreformed in order to improve the functioning of the digital single market for IP; ; urges the Commission to issue its guidelines on the implementation of article 17 of Directive (EU) 2019/790, in order to assist Member States in implementing the Directive in line with fundamental rights, especially the right to freedom of expression and the right to privacy and data protection;
Amendment 22 #
Draft opinion
Paragraph 2
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 by fostering the circulation of quality content across the EU including by eliminating geo-blocking of copyright protected content or by open licences; warns against offensive IPR strategies which have proven to be even more dangerous during the COVID-19 pandemic, which resulted in lower access to essential protective equipment and vaccines;
Amendment 26 #
Draft opinion
Paragraph 2 a (new)
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 32 #
Draft opinion
Paragraph 3
Paragraph 3
3. Underlines that a green and digital recovery and resilience in the single market must be based on the full use of intangible assetcould be based on among others the use of intangible assets supported by a clear legal framework on the full implementation of limitations and exceptions to IPRs; highlights that different industries might require different approaches, as for instance in the ICT sector patents are often used for other reasons than to protect inventions resulting from research and development investments; warns that litigation and threat thereof can also be a burden on the patent system when abusive behaviour is widespread, notes that this has a negative impact on innovative business behaviour; therefore calls to improve the transparency of patent ownership, raising awareness of the advantages of the legal protection of computer programmes by copyright in line with Directive 2009/24/EC and to limit abusive litigation practices; highlights the importance of disseminating information about the benefits of IPopen innovation and the Commission’s support programmes for all economic operators, in particular SMEs;
Amendment 38 #
Draft opinion
Paragraph 4
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 benefits,; reminds that lowering barriers of access to data is essential to encourage the development of new services, therefore emphasises the need to address remaining uncertainties related to the legal performance of text and data mining that developers of AI may still face following the adoption of Directive (EU) 2019/790; calls on the Commission to issue guidance on how to reserve the right other than by machine readable means in order to make it publicly available for all, in a centralised way ensuring a faster and better economic recovery. ;
Amendment 43 #
Draft opinion
Paragraph 4 a (new)
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;