Activities of Maria BADIA i CUTCHET related to 2011/0135(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on entrusting the Office for Harmonisation in the Internal Market (Trade Marks and Designs) with certain tasks related to the protection of intellectual property rights, including the assembling of public and private sector representatives as a European Observatory on Counterfeiting and Piracy
Amendments (27)
Amendment 15 #
Proposal for a regulation
Recital 1
Recital 1
(1) The economic well-being of the European Union (hereinafter referred to as "the Union") relies on sustained creativity and innovation. Therefore measures for both their promotion and their effective protection are indispensible in ensuring its future prosperitythat they will continue to be a source of prosperity in the future.
Amendment 18 #
Proposal for a regulation
Recital 2
Recital 2
(2) Intellectual property rights are vital business assets that help toprovide an essential legal basis for ensureing that innovators and creators get a fair return for their work and that their investment in research and new ideas is protected.
Amendment 20 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The constantly changing digital economy has had an impact on the effectiveness of the current framework of measures and instruments for protecting intellectual property rights, in particular in relation to on-line content. The new digital environment is also changing consumers’ and users’ relationship with the content and goods to which such rights are attached. It must therefore be ensured that the European Observatory on Counterfeiting and Piracy has the modern infrastructure and the funding required to perform its tasks effectively and to be able to make use of instruments tailored to the new digital environment.
Amendment 23 #
Proposal for a regulation
Recital 3
Recital 3
(3) A sound, harmonised and progressive approach to intellectual property rightsglobal and balanced approach to intellectual property rights that is harmonised at EU level and also takes due account of World Trade Organisation rules, the related legal framework and the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions (2005) is fundamental in the endeavour to fulfil the ambitions of the Europe 2020 Strategy and the Digital Agenda for Europe.
Amendment 26 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) In duly enforcing the current legal framework and considering future changes and amendments thereto, due respect should be shown for the public’s right of access to culture and to the new creativity and personal development tools provided by new information and communication technologies.
Amendment 33 #
Proposal for a regulation
Recital 4
Recital 4
(4) The constant rise of infringements of intellectual property rights constitutes a genuine threat not onlythreat to the Union economy, but also to the health and safety of Union consumers and the continued existence of an environment conducive to cultural and creative work that ensures a fair return for authors and fair public access. Therefore, effective, immediate and coordinated actions at European and global levels are needed to successfully combat this phenomenon.
Amendment 42 #
Proposal for a regulation
Recital 11
Recital 11
(11) In view of the range of tasks assigned to the Observatory, a solution is needed to ensure an adequate and sustainable infrastructure for the fulfilment of the tasks of the Observatory as well as the resources required to do so. The means employed need to be tailored to the complexity of the Observatory’s remit, which covers a range of very different areas that are particularly sensitive, given that citizens' rights are involved.
Amendment 47 #
Proposal for a regulation
Recital 17
Recital 17
(17) The Office should offer a forum that brings together public authorities and the private sector, ensuring the collection, analysis and dissemination of relevant objective, comparable and reliable data regarding the value of intellectual property rights and the infringements of those rights, the development of best practices and strategies to protect intellectual property rights, and raising public awareness of the impacts of intellectual property rights infringements. Furthermore, the Office should fulfil additional tasks, such as to improve the understanding of the value of intellectual property rights, enhance the expertise of persons involved in the enforcement of intellectual property rights by appropriate training measures, increase knowledge on techniques to prevent counterfeiting, and improve cooperation with third countries and international organisaIn this connection, due consideration should be given to the impact of digitisation and new technologies on strategies for protecting intellectual property rights and on the proliferation of new creative niches that also require fair and balanced protections.
Amendment 53 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) The Office should also fulfil additional tasks, such as to improve the understanding of the value of intellectual property rights, enhance the expertise of persons involved in the enforcement of intellectual property rights by appropriate training measures, increase knowledge on techniques to prevent counterfeiting, and improve cooperation with third countries and international organisations.
Amendment 57 #
Proposal for a regulation
Recital 18
Recital 18
(18) With regard to representatives of the private sector, the Office should involve, when assembling the Observatory in the context of its activities, a representative selection of the economic sectors most concerned by and most experienced in the fight against infringements of intellectual property rights, in particular representatives of right holders and Internet service providers. In this connection, particular attention should be paid to sectors which, by their very nature, generate value which is to a large extent intangible, such as the cultural and creative sector. Also, a proper representation of consumers and of, small and medium sized enterprises and creators and users of cultural services and platforms should be ensured.
Amendment 64 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) improving the understanding on the value and complexity of intellectual property in the new digital age;
Amendment 70 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) raising citizens' awareness of the impact of infringements of intellectual property rights and ensuring balanced respect for the public’s right of access to culture;
Amendment 72 #
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) enhancing the expertise of persons involved in the enforcement of intellectual property rights and their ability to deal with the new challenges raised by the digital era;
Amendment 82 #
Proposal for a regulation
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) assembling, in accordance with Article 4, the Observatory at regular intervals and at least once a year, and duly providing information on the holding and outcome of such meetings via public consultation platforms;
Amendment 87 #
Proposal for a regulation
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) collecting, analysing and disseminating relevant objective, comparable and reliable data regarding the economic value of intellectual property and its contribution to economic growth, welfare, innovation, creativity, cultural diversity, the creation of high quality jobs and the development of high quality products and services within the Union;
Amendment 89 #
Proposal for a regulation
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) providing regular assessments and specific reports by economic sector, geographic area and type of intellectual property right infringed, which evaluate, inter alia, the impact of intellectual property rights infringements on society, economy, health, environment, safety and security, and the relation of such infringements with organized crime and terrorism, and take account of the challenges posed by new information and communications technology in devising new models for management of these rights;
Amendment 93 #
Proposal for a regulation
Article 2 – paragraph 2 – point g
Article 2 – paragraph 2 – point g
(g) drawing up reports and publications to raise awareness of the Union’s citizens of the impact of infringements of intellectual property rights, and organising conferences, on-line and off-line campaigns, events and meetings at European and international levels, which examine new, balanced and flexible proposals for protecting intellectual property rights in particularly sensitive areas, such as the cultural and creative sector, while upholding citizens’ access rights, in accordance with applicable law;
Amendment 94 #
Proposal for a regulation
Article 2 – paragraph 2 – point h
Article 2 – paragraph 2 – point h
(h) developing and organising on-line and other forms of training for national officialauthorities involved in the protection of intellectual property rights;
Amendment 95 #
Proposal for a regulation
Article 2 – paragraph 2 – point j
Article 2 – paragraph 2 – point j
(j) collecting information, researching, evaluating and promoting technical tools for professionals and benchmark techniques, including tracking and tracing systems which help to distinguish genuine from counterfeit products;
Amendment 99 #
Proposal for a regulation
Article 2 – paragraph 2 – point k a (new)
Article 2 – paragraph 2 – point k a (new)
(ka) developing a publicly accessible online platform providing information, examples of best practices, freely downloadable awareness-raising tools and capacity-building initiatives concerning the numerous legislative and non- legislative means to fight infringements of intellectual property rights;
Amendment 102 #
Proposal for a regulation
Article 2 – paragraph 2 – point m
Article 2 – paragraph 2 – point m
(m) developing programmes on technical assistance for third countries as well as developing and delivering specific training programmes and events for officialthe competent authorities from third countries involved in the protection of intellectual property rights;
Amendment 110 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
Representatives meeting as the Observatory invited from the private sector shall include a broad and representative range of Union and national bodies representing the different economic sectors most concerned by and most experienced in the fight against infringements of intellectual property rights.
Amendment 115 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Consumer organisations and, small and medium sized enterprises shall be properly representedand representatives of the cultural and creative sector shall be properly represented. Provision should also be made for the possible involvement of civic organisations representing users of cultural dissemination services and platforms and of cultural heritage preservation foundations.
Amendment 116 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The Office shall invite one national representative from each Member State, and five representatives each from the European Parliament and the Commission. When Parliament’s representatives are appointed, due account must be taken of the committees on which Members sit, so as to ensure that areas in which the impact of intellectual property rights is the greatest, such as industry, culture or health, are represented as fully as possible.
Amendment 118 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The meetings referred to in point (a) of Article 2(2) may also be organised in working groups within the Observatory. Up to two representatives from the European Parliament and up to two representatives from the Commission shall be invited to the meetings of the working groups as observers.
Amendment 125 #
Proposal for a regulation
Article 7 – paragraph 1 – point e
Article 7 – paragraph 1 – point e
(e) recommendations on the future policies in the area of the protection of intellectual property rights, including on how to enhance an effective cooperation between Member States. and how to address the challenges posed by new information and communications technology, with a particular focus on areas which, by their very nature, have great intangible value or directly affect the rights and health of the public
Amendment 126 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The evaluation report shall assess the performance of the Office in the operation of this Regulation, in particular as regards its impact on the protection of intellectual property rights in the internal market, and focus on the various areas and sectors over which intellectual property rights have a bearing.