Activities of Jürgen CREUTZMANN related to 2011/0137(COD)
Plenary speeches (4)
Customs enforcement of intellectual property rights (debate)
Customs enforcement of intellectual property rights (debate)
Customs enforcement of intellectual property rights (debate)
Customs enforcement of intellectual property rights (debate)
Reports (2)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 PDF (134 KB) DOC (68 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council concerning customs enforcement of intellectual property rights PDF (559 KB) DOC (824 KB)
Amendments (23)
Amendment 65 #
Proposal for a regulation
Recital 4
Recital 4
(4) The customs authorities should be able to control goods, which are or should have been subject to customs supervision in the customs territory of the Union, including goods placed under a suspensive procedure, with a view to enforcing intellectual property rights. Enforcing intellectual property rights at the border, wherever the goods are, or should have been, under ‘customs supervision’ as defined by Council Regulation (EEC) No 2913/92 establishing the Community Customs Code, makes good use of resources. Where goods are detained by customs at the border, one legal proceeding is required, whereas several separate proceedings would be required for the same level of enforcement for goods found on the market, which have been disaggregated and delivered to retailers. An exception should be made for goods released for free circulation under the end- use regime, as such goods remain under customs supervision, even though they have been released for free circulation. It is also appropriate not to apply the Regulation to goods carried by passengers in their personal luggage as long as these goods are for their own personal use and there are no indications that commercial traffic is involved.
Amendment 77 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
Amendment 87 #
Proposal for a regulation
Recital 15
Recital 15
(15) For further legal clarity and in order to protect the interests of legitimate traders from possible abuse of the border enforcement provisions, it is appropriate to modify the timelines for detaining goods suspected of infringing an intellectual property right, the conditions in which information about consignments is to be passed on to right-holders by customs authorities, and the conditions for applying the procedure allowing for destruction of the goods under customs control for suspected infringements of intellectual property rights other than for counterfeit and pirated goods and. Where customs authorities take action following the granting of an application, it is also appropriate to introduce a provision allowing the holder of the goods to express his/her views before the customs administration takes a decision which would adversely affect him/her. suspends the release or detains goods suspected of infringing intellectual property rights that are not counterfeit or pirated goods, as it may be difficult for customs authorities to determine upon mere visual examination whether an intellectual property right might be infringed. Or. en (See amendment to Article 16 (3))
Amendment 92 #
Proposal for a regulation
Recital 16
Recital 16
(16) Taking into account the provisional and preventive character of the measures adopted by the customs authorities in this field and the conflicting interests of the parties affected by the measures, some aspects of the procedures should be adapted to ensure a smooth application of the Regulation, whilst respecting the rights of the concerned parties. Thus, with respect to the various notifications envisaged by this Regulation, the customs authorities should notify the most appropriate person, on the basis of the documents concerning the customs treatment or of the situation in which the goods are placed. The periods laid down in this Regulation for the required notifications should be counted from the time those are sent by the customs authorities in order to align all periods of notifications sent to the concerned parties. The period allowing for a right to be heard before an adverse decision is takenthe suspension of release or detention of goods other than counterfeit or pirated goods should be three working days, given that where the holders of decisions granting applications for action have voluntarily requested the customs authorities to take action and given that the declarants or holders of the goods must be aware of the particular situation of their goods when placed under customs supervision. In the case of the specific procedure for small consignments, where consumers are likely to be directly concerned and cannot be expected to have the same level of diligence as other economic operators usually involved in the accomplishment of customs formalities, that period should be significantly extended. e right to be heard should be granted for all types of goods and the period allowing for that right should be significantly extended. Or. en (See amendment to Article 16 (3))
Amendment 165 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 1
Article 6 – paragraph 3 – subparagraph 1
The Commission shall establish an application form by means of implementing acts. Those implementing acts shall be adopted in accordance with the advisory procedure referred to in Article 29(2). When exercising its implementing power, the Commission shall consult the European Data Protection Supervisor.
Amendment 167 #
Proposal for a regulation
Article 6 – paragraph 3 – subparagraph 2 a (new)
Article 6 – paragraph 3 – subparagraph 2 a (new)
The form shall include the information to be provided to the data subject pursuant to Article 10 of Directive 95/46/EC and Article 11 of Regulation (EC) No 45/2001.
Amendment 169 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where computerised systems are available for the purpose of receiving and processing applications, applications shall be submitted using electronic data- processing techniques. Member States shall make such systems available no later than 1 January 2014.
Amendment 180 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Where the customs authorities of a Member State identify, in one of the situations referred to in Article 1(1), goods suspected of infringing an intellectual property right covered by a decision granting an application for action, they shall take a decision to suspend the release of the goods or to detain them.
Amendment 182 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Before adopting the decision of suspension ofsuspending the release or detention ofaining the goods, the customs authorities may ask the holder of the decision granting the application to provide them with any relevant information. The customs authorities may also provide the holder of the decision with information about the actual or supposed number of items, their nature and images of those items as appropriate.
Amendment 186 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. Before adopting the decision of suspension of release or detention of theWhere goods suspected of infringing intellectual property rights are not counterfeit or pirated goods, the customs authorities shall, communicate their intention to the declarant or, in cases where goods are to be detained, the holder of the goods before suspending the release or detaining the goods. The declarant or the holder of the goods shall be given the opportunity to express his/her views within three working days of dispatch of that communication. Or. en (See amendments to Recitals 15 and 16)
Amendment 189 #
Proposal for a regulation
Article 16 – paragraph 3 a (new)
Article 16 – paragraph 3 a (new)
3a. Where goods suspected to be an imitation or a copy of a product protected in the Union by an intellectual property right are placed under a suspensive procedure, the customs authorities shall request the declarant or holder of the goods to provide adequate evidence that the final destination of the goods is beyond the territory of the Union within three working days of dispatch of that request. Where no adequate evidence to the contrary is provided, customs authorities shall presume the final destination to be the territory of the Union. Within one year after the entry into force of this Regulation the Commission shall adopt guidelines for customs authorities to assess the risk of deviation of these goods onto the market of the Union in accordance with the advisory procedure referred to in Article 29(2).
Amendment 192 #
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1
Article 16 – paragraph 4 – subparagraph 1
The customs authorities shall notify the holder of the decision granting the application and the declarant or holder of the goods of their decision to suspend suspension of the release of the goods or to detain themheir detention within one working day of the adoption of their decis. Alternatively, the customs authorities may request the holder of the decision granting the application to notify the declarant or holder of the goods accordingly, where the holder of the decision granting the application guarantees that he/she will comply with the time limits and obligations laid down in this Regulation.
Amendment 194 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Before adopting the decision of suspension ofsuspending the release of or detention ofaining the goods, the customs authorities may, without disclosing any information other than the actual or supposed number of items, their nature and images of those items as appropriate, request any person entitled to submit an application concerning the alleged infringement of intellectual property rights to provide them with any relevant information.
Amendment 199 #
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. Where goods suspected to be an imitation or a copy of a product protected in the Union by an intellectual property right are placed under a suspensive procedure, the customs authorities shall request the declarant or holder of the goods to provide adequate evidence that the final destination of the goods is beyond the territory of the Union within three working days of dispatch of that request. Where no adequate evidence to the contrary is provided, customs authorities shall presume the final destination to be the territory of the Union. Within one year after the entry into force of this Regulation the Commission shall adopt guidelines for customs authorities to assess the risk of deviation of these goods onto the market of the Union in accordance with the advisory procedure referred to in Article 29(2).
Amendment 201 #
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. Where no person entitled to submit an application can be identified, customs authorities shall cooperate with the competent authorities in order to identify a person entitled to submit an application.
Amendment 202 #
Proposal for a regulation
Article 17 – paragraph 5 – subparagraph 2
Article 17 – paragraph 5 – subparagraph 2
The customs authorities shall notify the declarant or holder of the goods of their decision to suspend suspension of the release of the goods or to detain themheir detention within one working day of the adoption of their decision.
Amendment 208 #
Proposal for a regulation
Article 19 – point a
Article 19 – point a
(a) to initiate proceedings to determine whether an intellectual property right has been infringed or in the course of such proceedings;
Amendment 210 #
Proposal for a regulation
Article 19 – point b
Article 19 – point b
(b) to seek compensation from the infringer or other persons where goods are destroyed in accordance with Articles 20(3) or 23(3). . Or. en (See amendment 42 of draft report)
Amendment 247 #
Proposal for a regulation
Article 27 – paragraph 2 a (new)
Article 27 – paragraph 2 a (new)
Amendment 252 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. All information referred to in paragraphs 1 and 2 shall be stored in a central database of the Commission. In order to establish a legal basis for that database, the Commission shall adopt a separate proposal for adoption under the ordinary legislative procedure within one year after entry into force of this Regulation. When preparing its proposal, the Commission shall consult the European Data Protection Supervisor. The database shall be operational not later than 1 January 2015.
Amendment 253 #
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. The Commission shall make the relevant information referred to in paragraphs 1 and 2 available to the customs authorities of the Member States in an electronic form as soon as possible and not later than 1 January 2015.
Amendment 255 #
Proposal for a regulation
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2a. Retention of personal data by the Commission and Member States shall be limited to the duration of the period of validity of the decision granting the application.
Amendment 259 #
Proposal for a regulation
Article 37 – paragraph 1 a (new)
Article 37 – paragraph 1 a (new)
By ...* the Commission shall submit to the European Parliament and to the Council a report on the implementation of this Regulation. If necessary, the report shall be accompanied by appropriate proposals and/or recommendations. _______________ * OJ: please insert the date: 36 months after the entry into force of this Regulation.