8 Amendments of Regina BASTOS related to 2013/0088(COD)
Amendment 25 #
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) 207/2009
Article 9 – paragraph 4
Article 9 – paragraph 4
The proprietor of a European trade mark shall also be entitled to prevent the importing of goods referred to in, with the assistance of the national authorities, the importing of goods pursuant to paragraph 3(c) or the offering of goods pursuant to paragraph 3(c)b), where only the consignor of the goods, intermediary, agent or online sales services provider of the merchandise acts for commercial purposes.
Amendment 42 #
Proposal for a regulation
Article 1 – paragraph 1 – point 99
Article 1 – paragraph 1 – point 99
Regulation (EC) 207/2009
Title XII – Section 2 – Article 124 – paragraph 1 – point ka (new)
Title XII – Section 2 – Article 124 – paragraph 1 – point ka (new)
(ka) The Management Board shall approve the rules on mediation and arbitration and those governing the functioning of the Centre established for the purpose, on the basis of a draft submitted by the Executive Director pursuant to Article 128(4)(o)
Amendment 43 #
Proposal for a regulation
Article 1 – paragraph 1 – point 99
Article 1 – paragraph 1 – point 99
Regulation (EC) 207/2009
Title XII – Section 3 – Article 128 – paragraph 4 – point oa (new)
Title XII – Section 3 – Article 128 – paragraph 4 – point oa (new)
(oa) he shall prepare a mediation project and rules for arbitration, as well as rules for the functioning of the Centre created for the purpose, and shall submit them to the Management Board for adoption;
Amendment 45 #
Proposal for a regulation
Article 1 – paragraph 1 – point 99
Article 1 – paragraph 1 – point 99
Regulation (EC) 207/2009
Title XII – Section 3 – Article 129 – paragraph 2
Title XII – Section 3 – Article 129 – paragraph 2
The Executive Director shall be appointed by the Management Board, from a list of at least three candidates proposed by the Commission, following an open and transparent selection procedure by a selection committee made up of two representatives of the Member States and representatives of the Commission and the European Parliament. Before being appointed, the candidate selected by the Management Board may be invited to make a statement before any competent European Parliament committee and to answer questions put by its members. For the purpose of concluding thea contract with the Executive Director, the Agency shall be represented by the chairperson of the Management Board.
Amendment 47 #
Proposal for a regulation
Article 1 – paragraph 1 – point 99
Article 1 – paragraph 1 – point 99
Regulation (EC) 207/2009
Title XII – Section 3 – Article 129 – paragraph 2 – subparagraph 2
Title XII – Section 3 – Article 129 – paragraph 2 – subparagraph 2
The Executive Director may be removed from office only upon a decision of the Management Boarremoval from office of the Executive Director may only take place upon a decision of the Management Board, reached by a two-thirds majority of its members and acting on a proposal from the European Commission or the European Parliament.
Amendment 48 #
Proposal for a regulation
Article 1 – paragraph 1 – point 99
Article 1 – paragraph 1 – point 99
Regulation (EC) 207/2009
Title XII – Section 3 – Article 129 – paragraph 3
Title XII – Section 3 – Article 129 – paragraph 3
The term of office of tExecutive Director shall hold office for a term of five years. The Executive Director shall be ’s term of offivce years. By the end of that period, the Commission shall undertakmay be extended once by the Man assessment which takes into account an evaluatagement Board, for a single periond of the performance of the Executive Director and the Agency's future tasks and challengesfive years or until the age of retirement, if this is reached during the course of the term of office.
Amendment 49 #
Proposal for a regulation
Article 1 – paragraph 1 – point 99
Article 1 – paragraph 1 – point 99
Regulation (EC) 207/2009
Title XII – Section 3 – Article 129 – paragraph 4
Title XII – Section 3 – Article 129 – paragraph 4
Amendment 50 #
Proposal for a regulation
Article 1 – paragraph 1 – point 106 a (new)
Article 1 – paragraph 1 – point 106 a (new)
Regulation (EC) 207/2009
Article 137 a (new)
Article 137 a (new)
Centre for arbitration and mediation of trade marks, designs and models 1. A centre for the arbitration of trade marks, designs and models (the Centre) shall be created within the Agency. 2. Facilities shall be made available to the Centre for the mediation and arbitration of disputes involving two or more parties in relation to trade marks, designs and models, pursuant to this regulation and to Regulation (EC) No 6/2002, in Community project. 3. The Administrative Board shall approve the rules on mediation and arbitration and the rules governing the functioning of the Centre, on the basis of a draft submitted by the Executive Director pursuant to Article 128(4)(o). 4. Where the dispute concerns an objection, annulment or proceedings between parties, the parties involved may at any point and by mutual agreement ask for the procedure to be suspended so that a mediation or arbitration process can be opened. 5. The Agency and its appeal boards may, if they consider it appropriate, discuss with the parties the possibility of an agreement, which may also be reached through mediation and/ or arbitration, using the Centre’s facilities. 6. The Centre shall draw up a list of mediators and arbitrators to assist the parties in the settlement of their dispute. 7. Examiners and members of the Division of the Institute or Boards of Appeal may not take part in any mediation or arbitration concerning a case in which they have: (a) any prior involvement in the procedures undergoing mediation or arbitration; (b) any personal interest; (c) been previously involved as a representative of one of the parties; 8. No person called to testify as a member of an arbitration or mediation panel may be involved in the objection, annulment or proceedings which gave rise to the mediation or arbitration process. 9. Any agreement reached using the Centre’s facilities, including by mediation, shall be enforceable before the Agency or in any Member State, without prejudice to the enforcement procedures established by the law of the Member State in which it is enforced.