9 Amendments of Ana MIRANDA PAZ related to 2018/0189(COD)
Amendment 22 #
Proposal for a regulation
Recital 4
Recital 4
(4) Following the accession of the Union to the Geneva Act, the Commission should as a first step file with the International Bureau of the World Intellectual Property Organization ('the International Bureau') an application for registration of a list of geographical indications originating and protected in the territory of the Union in their register (‘the International Register’). The criteria for the establishment of such a list should, as it is the case for some of the bilateral and regional agreements of the Union regarding protection of geographical indications, take into account in particular the production value and export value, protection under other agreements as well as current or potential misuse in the third countries concerned. The Commission should be able to object to the addition of a geographical indication into the International Register and should justify its decision.
Amendment 25 #
Proposal for a regulation
Recital 5
Recital 5
(5) In order to ensure that additional geographical indications protected and registered in the Union are registered in the International Register, it is appropriate to authorise the Commission, at a later stage, to file applications for the international registration of such additional geographical indications, on its own initiative or at the request of a Member State, of relevant trade associations or of an interested group of producers or, in exceptional cases, at the request of a single producer. Such consultation of relevant stakeholders should be conducted by the Commission on a regular basis.
Amendment 27 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) The addition of geographical indications to the International Register should serve the purpose of quality products, fair competition and consumer protection. While bearing a significant cultural and economic value, the addition of geographical indications should be assessed with respect to the value created for local communities, with a view to supporting rural development and promoting new job opportunities in production, processing and other related services.
Amendment 28 #
Proposal for a regulation
Recital 10
Recital 10
(10) In order to defray any shortfall in relation to the operating budget of the Special Union, the Union should be able to provide for a special contribution within the means available for this purpose in the annual budget of the Union, given the economic and cultural value of geographical indications protection.
Amendment 32 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Upon the accession of the Union to the Geneva Act, the Commission shall file with the International Bureau of the World Intellectual Property Organization ('the International Bureau') applications for the international registration of geographical indications protected and registered under Union law and pertaining to products originating in the Union pursuant to Article 5(1) and (2) of the Geneva Act. All geographical indications protected and registered under the law of a Member State shall be filed.
Amendment 35 #
Proposal for a regulation
Article 2 – paragraph 3 – introductory part
Article 2 – paragraph 3 – introductory part
In order to establish the list referred to in the second paragraph, the Commission shall takeinclude all the notified geographical indications received in accordance with paragraph 3. However, the Commission may refuse to include a specific geographical indication in the list and shall justify its decision, taking into account, in particular, the following:
Amendment 40 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Following the accession of the Union to the Geneva Act, the Commission may on its own initiative or at the request of a Member State or of an interested group of producers or of the single producer using a geographical indication protected and registered in the Union, adopt implementing acts in order to file an application for international registration of a geographical indication protected and registered under Union law and pertaining to a product originating in the Union with the International Bureau. In that purpose, the Commission shall consult Member States, trade associations and Union producers on a regular basis.
Amendment 42 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
Where, based on the assessment carried out pursuant to paragraph 1, the Commission considers that the conditions laid down in that paragraph are not fulfilled, it shall take a decision to refuse protection of the geographical indication by means of an implementing act adopted in accordance with the examination procedure referred to in Article 13(2). In respect of geographical indications covering products not falling within the competence of the Committees provided in Article 13(1) the decision will be adopted by the Commission without application of the examination procedure referred to in Article 13(2).
Amendment 44 #
Proposal for a regulation
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
In accordance with Article 15(1) of the Geneva Act, the Commission shall notify the International Bureau of the withdrawal or of the refusal of the effects of the international registration concerned in the territory of the Union, within one year from the receipt of the notification of international registration in accordance with Article 6(4) of the Geneva Act.