Activities of Emma McCLARKIN related to 2011/0137(COD)
Plenary speeches (1)
Explanations of vote
Shadow 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 (14)
Amendment 63 #
Proposal for a regulation
Recital 3
Recital 3
(3) The review of Regulation (EC) No 1383/2003 showed that certain improvements to the legal framework were necessary to strengthen the enforcement of intellectual property rights by customs authorities, as well as to ensure appropriate legal clarity, thereby taking into account developments in the economic, commercial and legal areas. The Commission should take all measures to ensure a harmonised application, without unnecessary delay, by the customs authorities of the new legal framework throughout the Union to ensure an efficient enforcement of intellectual property rights, which would protect rightholders without hampering trade. The implementation of the Modernised Customs Code and in particular an inter- operable 'eCustoms' system could, in the future, facilitate such enforcement.
Amendment 85 #
Proposal for a regulation
Recital 14
Recital 14
Amendment 102 #
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) With regard to dangerous products, and in particular falsified medicines as defined in Directive 2011/62/EU of the European Parliament and of the Council of 8 June 2011 amending Directive 2001/83/EC on the Community code relating to medicinal products for human use, as regards the prevention of the entry into the legal supply chain of falsified medicinal products1, the Union customs authorities should draw on other provisions of Union law, and in particular on the measures provided for in Directive 2011/62/EU. By ...*, the Commission should analyse the effectiveness of current customs measures aimed at combating trade in falsified medicines and to propose, if necessary, legislative changes. _______________ 1 OJ L 174, 1.7.2011, p. 74. *OJ: please insert the date: 18 months after the adoption of this Regulation.
Amendment 109 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) Member States face increasingly limited resources in the field of customs. Therefore, any new regulation should not result in additional financial burdens for national authorities. The promotion of new risk management technologies and strategies to maximise resources available to national authorities should be supported,
Amendment 125 #
Proposal for a regulation
Article 2 – point 3 – point b
Article 2 – point 3 – point b
(b) a design registered in a Member State or by a multi-state body, such as the Benelux Office for Intellectual Property;
Amendment 129 #
Proposal for a regulation
Article 2 – point 5 – point a
Article 2 – point 5 – point a
(a) goods which are subject of an action infringing a trade mark and which bear without authorisation a trade mark identical to the trade mark validly registered in respect of the same type of goods, or which cannot be distinguished in its essential aspects from such a trade mark;
Amendment 136 #
Proposal for a regulation
Article 2 – point 5 – point b
Article 2 – point 5 – point b
(b) goods which are subject of an action infringing a geographical indication and bear or are described by a name or term protected in respect of that geographical indication;
Amendment 144 #
Proposal for a regulation
Article 2 – point 7 – point a
Article 2 – point 7 – point a
(a) goods which are subject of an action infringing an intellectual property right under the law of the Union or of that Member State, or of the countries of origin or destination of the goods;
Amendment 150 #
Proposal for a regulation
Article 2 – point 12
Article 2 – point 12
(12) ‘holder of the goods’ means the person who is the owner of the goods or who has a similar right of disposal over them or who has physical control over them;
Amendment 168 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Wheren computerised systems are available for the purpose of receiving and processing applications by January 2014, applications shall be submittedmade available using electronic data- processing techniques.
Amendment 172 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where the applicant does not provide the missing information within the period referred to in paragraph 1, the competent customs department shall reject the application. In that event the competent customs department shall provide reasons for its decision and include information on the appeal procedure.
Amendment 185 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 196 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 256 #
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32a Reporting By ... * the Commission shall submit to the European Parliament, a report on its enforcement by the Member States, including in particular whether the computerised database is fully functional throughout the Union. ____________ * OJ: please insert the date: 36 months after the entry into force of this Regulation.