BETA

4 Amendments of Hans-Peter MAYER related to 2008/2133(INI)

Amendment 5 #
Draft opinion
Paragraph 2
2. Is concerned about the lack of transparency involvedCalls for clarification in the negotiation of ACTA, especially with regard to its scope, the range of measures discussed, and its relation to existing international agreements on intellectual property protection, notably the Agreement on Trade-Related Aspects of Intellectual property Rights (TRIPS) and the agreements concluded within the framework of the World Intellectual Property Organization (WIPO);
2008/10/01
Committee: JURI
Amendment 8 #
Draft opinion
Paragraph 3
3. ConsiderRecalls that the EC Treaty does not provide a legal basis for Community measures prescribing the nature and level of criminal penalties and that, accordingly, the Community has no competence to negotiate on behalf of the Community an international agreement which specifies the nature and level of criminal-law measures to be taken against trademark and copyright violatorincludes derogations where the negotiation and conclusion of agreements in the field of commercial aspects of intellectual property relates to trade in cultural and audiovisual services; points out that, in such instances, the negotiation and conclusion of agreements falls within the shared competence of the Community and its Member States; further points out that, in addition to a Community decision taken in accordance with the relevant provisions of the EC Treaty, the negotiation of such agreements requires the common accord of the Member States and agreements negotiated in this way must be concluded jointly by the Community and the Member States;
2008/10/01
Committee: JURI
Amendment 15 #
Draft opinion
Paragraph 6 a (new)
16a. Reminds the Commission of, within the framework of ACTA negotiations, Article 618 of the TRIPS Agreement: “Members shall provide for criminal procedures and penalties to be applied at least in cases of wilful trademark counterfeiting or copyright piracy on a commercial scale”. http://www.wto.org/english/docs_e/legal_e/27-trips_05_e.htm Charter of Fundamental Rights of the European Union, which concerns the protection of personal data, and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data1;
2008/10/01
Committee: JURI
Amendment 17 #
Draft opinion
Paragraph 8
8. Takes the view that the public interest in disclosure of ACTA preparatory drafts, including progress reports, and of the Commission's negotiating mandate should not be overridden by Article 4 of 1 OJ L 281, 23.11.1995, p. 31. 2 Article 3(2) states that “those measures, procedures and remedies (...) shall be applied in such a manner as to avoid the creation of barriers to legitimate trade and to provide for safeguards against their abuse”. Regulation (EC) No 1049/200112, and urges the Council to enforce Article 255 of the EC Treaty in such a way as to ensure the widest possible access to documents, provided that the necessary security measures are taken as required by data- protection law.
2008/10/01
Committee: JURI