Activities of Cecilia WIKSTRÖM related to 2011/0135(COD)
Shadow reports (1)
REPORT 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 PDF (416 KB) DOC (651 KB)
Amendments (24)
Amendment 61 #
Proposal for a regulation
Title
Title
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 PiracyIntellectual Property Rights
Amendment 62 #
Proposal for a regulation
Recital 4
Recital 4
(4) The constant risehigh level of infringements of intellectual property rights constitutes a genuine threat not only to the Union economy, but also in many cases to the health and safety of Union consumers. Therefore, effective, immediate and coordinated actions at European and global levels are needed to successfully combat this phenomenon.
Amendment 63 #
Proposal for a regulation
Recital 5
Recital 5
(5) In the context of the overall intellectual property rights strategy foreseen by the Council Resolution of 25 September 2008 on a comprehensive European anti- counterfeiting and anti-piracy plan , the Council called on the Commission to launch a European Observatory on Counterfeiting and Piracy (hereinafter referred to as ‘the Observatory’). The Commission therefore formed a network of experts from the public and the private sectors and described its tasks in the Communication ‘Enhancing the enforcement of intellectual property rights in the internal market’. This Regulation changes the name of the Observatory on Counterfeiting and Piracy to the Observatory on Intellectual Property Rights (hereinafter referred to as ‘the Observatory’).
Amendment 66 #
Proposal for a regulation
Recital 16
Recital 16
(16) Assembled by the Office, the Observatory should become a centre of excellence on information and data related to infringements of intellectual property rights, by benefiting from the Office's expertise, experience and resources. The Observatory should have access to a pool of experienced academic experts from relevant disciplines that can assist it in the performance of its duties.
Amendment 67 #
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 which will raisinge public awareness of the impacts of intellectual property rights infringements. Furthermore, the Office should fulfil additional tasks, such as to evaluate measures 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 71 #
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 as well as the valorisation of intellectual property rights, in particular representatives of right holders and Internet service providers. Also, a proper representation of consumers and of small and medium -sized enterprises should be ensured.
Amendment 75 #
Proposal for a regulation
Article 1
Article 1
This Regulation entrusts the Office for Harmonizsation in the Internal Market (hereinafter referred to as ‘the Office’) with certain tasks related to the protection of intellectual property rights. In carrying out these tasks the Office shall regularly invite experts, authorities and stakeholders which will assemble under the name ‘European Observatory on Counterfeiting and PiracyIntellectual Property Rights’ (hereinafter referred to as ‘the Observatory’).
Amendment 77 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 78 #
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) improving the understanding on the value of intellectual property;
Amendment 80 #
Proposal for a regulation
Article 2 – paragraph 1 – point a b (new)
Article 2 – paragraph 1 – point a b (new)
(ab) improving the understanding on the scope and impact of infringements of intellectual property rights protected under Union law or the national laws of the Member States, including industrial property rights, copyright and rights relating to copyright;
Amendment 81 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
Amendment 82 #
Proposal for a regulation
Article 2 – paragraph 1 – point b a (new)
Article 2 – paragraph 1 – point b a (new)
(ba) evaluating best practices with a view to ensuring that small and medium-sized enterprises, natural persons, non-profit organisations and universities can make effective use of intellectual property rights;
Amendment 84 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) enhancing the knowledge on best public and private sector practices to protect and valorise intellectual property rights within a well functioning internal market;
Amendment 86 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) evaluating best practices with regard to methods of raising citizens' awareness of the impact of infringements of intellectual property rights;
Amendment 88 #
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 and valorisation of intellectual property rights;
Amendment 89 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) enhancing the knowledge on technical tools to prevent and combat counterfeiting and piracyinfringements of intellectual property rights, including tracking and tracing systems;
Amendment 96 #
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;
Amendment 99 #
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 infringementsvalue of intellectual property rights, and organising conferences, on-line and off-line campaigns, events and meetingthe impact of infringements of those rights, and organising conferences at European and international levels;
Amendment 103 #
Proposal for a regulation
Article 2 – paragraph 2 – point j
Article 2 – paragraph 2 – point j
(j) 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 104 #
Proposal for a regulation
Article 2 – paragraph 2 – point l
Article 2 – paragraph 2 – point l
(l) building strategies in cooperation with the central industrial property offices of the Member States, including the Benelux Office for Intellectual Property, and developing techniques, skills and tools related to the protection of intellectual property rights, including training programmes and awareness campaigns;
Amendment 106 #
Proposal for a regulation
Article 2 – paragraph 2 – point n
Article 2 – paragraph 2 – point n
(n) making recommendations to the Commission on issues falling within the scope of this Regulation, including on the basis of a request from the Commissone or more of the Union institutions;
Amendment 107 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2a Panel of academic experts The Observatory shall assemble a pool of academic experts within relevant academic fields to assist the Observatory in the tasks and activities set out in Article 2.
Amendment 111 #
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2 a (new)
Article 4 – paragraph 2 – subparagraph 2 a (new)
The Office shall publish a clear and objective list of criteria for stakeholder participation in the work of the Observatory.
Amendment 118 #
Proposal for a regulation
Article 7 – point e
Article 7 – point e
(e) recommendations on the future policieassessments of policy options in the area of the protection and valorisation of intellectual property rights, including on how to enhance an effective cooperation between Member States.