33 Amendments of Cecilia WIKSTRÖM related to 2009/2178(INI)
Amendment 4 #
Motion for a resolution
Citation (new)
Citation (new)
– having regard to the European Convention for the Protection of Human rights and Fundamental Freedoms and having regard to the legally binding character of the Charter of Fundamental Rights,
Amendment 7 #
Motion for a resolution
Recital A
Recital A
A. whereas violations of intellectual property rights (IPR), defined as any violation of any IPR, such as copyright, trade marks, designs or patents,commercial goods counterfeiting constitutes a genuine threat not only to consumer health and safety but also to our economies and societies,
Amendment 11 #
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas within the current information and digital technology society new forms of production, distribution and consumption are emerging, which are generating new products and services that call for new commercial models able to provide product accessibility and diversity while guaranteeing appropriate remuneration for authors and others who take part in their creation,
Amendment 12 #
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas, on the other hand, the word ‘piracy’ does not relate to any recent legal reality, particularly in the cultural area, and whereas it cannot be used alone to designate an offence which has not been legally defined,
Amendment 18 #
Motion for a resolution
Recital F
Recital F
F. whereas the phenomenon of illegal on-line piracy has assumed very alarmingfile sharing of works protected by intellectual propoertions, particularly for the creative content industries, and whereas the existing legal framework has proven incapable of effectively protecting rights- y rights or similar infringements of rights in a purely digital environment, although an important challenge for the creative content industries, shoulders on the Internet and the balance between all the interests at stake, including those of consumer be addressed separately from the issue of the counterfeiting of goods,
Amendment 21 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. Whereas efforts to tackle online file sharing of works protected by copyright or similar infringements of rights must enjoy public support in order not to risk eroding support for intellectual property rights amongst the citizens;
Amendment 27 #
Motion for a resolution
Recital G
Recital G
G. whereas, with the exception of legislation on penalties under the criminal law, a Community legal framework already exists with regard to the phenomenon of counterfeiting and piracy of physical goods, but whereas lacunae persist with regard to Internet piracy,
Amendment 29 #
Motion for a resolution
Recital H
Recital H
H. whereas the measures provided for by Directive 2004/48/EC on the enforcement of intellectual property rights on the internal market have not yet been assessed, from the point of view of the protection of rights or from the point of view of its effects on consumers’ rights,
Amendment 30 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the telecoms regulatory framework has recently been amended, rejecting proposals for so-called graduated response schemes at EU level, and instead includes provisions for standardised public interest notices which can address, among other things, copyright and infringement thereof without jeopardising data protection and privacy rights and stresses the need to respect fundamental rights in matters relating to Internet access,
Amendment 32 #
Motion for a resolution
Recital J
Recital J
J. whereas there are proven connections between various forms of organised crime and IPR infringements, in particular counterfeiting and piracy,
Amendment 33 #
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the co-decision role of the European Parliament in commercial matters and its access to negotiation documents is guaranteed by the Lisbon Treaty,
Amendment 46 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls on the Commission to urgently presentpropose a comprehensive IPR strategy addressing all aspects of IPRs, including their enforceon IPR which will remove obstacles to creating a single market in the online environment and adapt the European legislative framework in the field of IPR to current trends in society as well as to technical developments;
Amendment 51 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the Commission should take IPR aspects into account in all itsrelevant policies or legislative initiatives and consider these aspects in all processes relating to impact assessments where a proposal would have an impact on intellectual property;
Amendment 54 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. DoTakes not sharee of the Commission's certitudeview that the current civil enforcement framework in the EU is effective and harmonised to the extent necessary forcontributes to the proper functioning of the internal market and reminds the Commission that the report on the application of Directive 2004/48/EC is essential to confirm those claims;
Amendment 57 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to draw up the report on the application of Directive 2004/48/EC, including an assessment of the effectiveness of the measures taken, their compatibility with fundamental rights, as well as an evaluation of its impact on innovation and the development of the information society, in accordance with Article 18(1) of that Directive and, if necessary, to propose amendments; calls for that report also to include an assessment of the ways to strengthen and upgrade the legal framework with respect to the Internetimpact of the directive on the digital market of creative content and consumers’ rights;
Amendment 58 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Does not shareNotes the Commission view that the principal body of laws with respect to IPR enforcement is already in place; points out in this respect that negotiations on the directive on criminal sanctions have not been successfully concluded and calls on the Commission to withdraw its current proposal and put forward a new proposal on criminal sanctions under the Treaty of Lisbon dealing exclusively with matters relating to serious infringements by organized crime entities;
Amendment 60 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to ensure that the measures aimed at strengthening the application of intellectual property rights in the internal market do not impinge on the legitimate right to interoperability, this being essential to healthy competition on the digital works distribution market, inter alia for the authors and users of free software;
Amendment 62 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to put forward appropriate legislative proposals based on Article 118 of the TFEU which will address the issue of an effective EU patent system and welcomes in this respect the Council conclusions on an enhanced patent system in Europe of 4 December 2009 as a significant positive development;
Amendment 66 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Stresses the need to avoid creating new parallel bureaucratic structures for tasks that can be handled by existing institutions, such as Europol, forums for cooperation between customs authorities, and statistics-gathering bodies within the EU, in order to avoid duplication of effort;
Amendment 67 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. WelcomUrges the establishment of the Observatory as a tool for centralCommission to produce a report on how best to use Europol and exisation of statistics and data which will serve as a basis for proposals to be implementedng structures for cooperation between customs authorities to combat effectively the phenomenaon of counterfeiting and piracy, including on- line piracy;
Amendment 75 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses the need to organise a campaign to raise awareness at European, national and local level of the risks to consumer health and safety arising from counterfeit products and also the adverse impact of counterfeiting and piracy on the economy and society;
Amendment 79 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on all parties concerned, including Internet service providers, on- line sales platforms, rights-holders and consumers' organisations, with regard to piracy and the sale of counterfeit products on line, to establish a dialogue on practical measures to be adopted to alertinform people, such as brief, visible and relevant warning message of the risks associated with such products;
Amendment 82 #
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 83 #
Motion for a resolution
Title after paragraph 15
Title after paragraph 15
Amendment 85 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Agrees with the Commission that additional non-legislative measures arsuch as discussions on possible improvements to the digital market in Europe through voluntary harmonisation of procedures and standards amongst stakeholders can be useful to improve the application of IPR, particularly measures arising from in- depth dialogue among stakeholders;
Amendment 89 #
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 92 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses that a number of factors have allowed this phenomenon to develop, particularly technological advances and the lack of legitimate offers; recalls however that this phenomenon constitutes a violation of IPR to which appropriate, urgent solutions need to be found, geared to the sector concerned and in compliance with fundamental rights;
Amendment 93 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that support for and development of the provision of a diversified, attractive, high-profile, legal range of goods and services for consumers may help to tackle the phenomenon, but of online file sharing of works protected by intellectual property rights, and recognises thatin this is not sufficient: piracy is today the biggesrespect that the lack of a functioning internal European digital market constitutes an important obstacle to the development of legal online offers and the EU runs the risk of condemning to failure efforts to develop the legitimate online market if it does not recognise that fact and make urgent proposals to address it;
Amendment 102 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to think broadly about methods of facilitating industry's access to the digital market without geographical borders by addressing urgently the issue of multi- territory licences, the lack of harmonised legislation with regard to copyright as well as an effective and transparent system for rights management, as this is a requirement for the growth in services which are legal and which meet consumer demand for ubiquitous, instant and customised access to content;
Amendment 107 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on the Commission to review the issue of cross-border management of rights and change the current situation of legal uncertainty created by Commission Recommendation 2005/737/EC of 18 October 2005 on collective cross-border management of copyrights, taking into account the fact that copyright is inherently territorial for cultural, traditional and linguistic reasons and ensuring a pan-European licensing system providing consumers with access to the widest possible choice of content and not at the expense of European local repertoire;
Amendment 119 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to continue its efforts to furtherfully inform Parliament on the progress and outcome of the negotiations on the multilateral Anti-Counterfeiting Trade Agreement (ACTA) to improve the effectiveness of the IPR enforcement system against counterfeiting and to fully inform Parliament on the progress and outcome of the negotiationsand to ensure that the provisions of ACTA fully comply with the acquis communautaire on IPR and fundamental rights;
Amendment 120 #
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Reiterates its calls on the Commission to ensure that ACTA only concentrates on IPR enforcement measures and not on substantive IPR issues such as the scope of protection, limitations and exceptions, secondary liability or liability of intermediaries, and that ACTA is not used as a vehicle for modifying the existing European IPR enforcement framework;
Amendment 122 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses the importance of fighting organised crime in the area of IPRs, in particular counterfeiting and piracy; points out in this context the need for appropriate EU legislation on criminal sanctions and supports close strategic and operational cooperation between all the interested parties within the EU, in particular Europol, national authorities and the private sector, as well as with non-EU states and international organisations;