Activities of Pablo ZALBA BIDEGAIN related to 2011/0137(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council concerning customs enforcement of intellectual property rights
Amendments (3)
Amendment 10 #
Proposal for a regulation
Recital 2
Recital 2
(2) The marketing of goods infringing intellectual property rights does considerable damage to right-holders, law- abiding manufacturers and traders. It is also deceiving consumers, and could in some cases endanger their health and safety. Such goods should, in so far as is possible, be kept off the market and measures should be adopted to deal with this unlawful activity without impeding legitimate trade. For this reason, consumers need to be well informed about the risks involved in purchasing these products.
Amendment 17 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Transit through Union customs and possible distribution on the internal market of goods suspected of being imitations of products protected in the Union by a trademark, or copies of products protected in the Union by copyright, related right or design, entail both considerable losses for legitimate Union businesses and health and safety risks for citizens. Customs authorities should therefore be empowered to inspect and detain any suspected goods by way of precaution where their distribution on the internal market is assumed.
Amendment 18 #
Proposal for a regulation
Recital 17 b (new)
Recital 17 b (new)
(17b) Evidence that the intention is to place these goods on sale in the Union should be considered to exist where they have been sold to a client in the Union or offered for sale or advertised for sale to Union consumers, or where documents or correspondence show that they are to be distributed on the Union's internal market. Where the destination of the goods is not declared, even though such a declaration is required, or in cases where there is a lack of precision or relevant information in order to identify the producer or distributor of the products, a lack of cooperation with the customs authorities or where documents are discovered showing that they are intended for distribution on the internal market, it should be for the declarant or holder of the goods in question to prove that their intention is not to sell those goods in the Union.