Activities of Emma McCLARKIN related to 2014/2206(INI)
Shadow reports (1)
REPORT on Strategy for the protection and enforcement of intellectual property rights in third countries PDF (168 KB) DOC (94 KB)
Amendments (36)
Amendment 1 #
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the Commission's Strategy for the enforcement of intellectual property rights in third countries1 a and its independent evaluation of November 2010, __________________ 1a OJ C129, 26.5.2005, p.3.
Amendment 6 #
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Doha Declaration of 14th November 2001 on the TRIPS Agreement and public health;
Amendment 7 #
Motion for a resolution
Recital A
Recital A
A. whereas competitiveness of the EU has, and increasingly beenwill be, based on creativity and innovation, and whereas ‘smart growth’ – developing an economy based on knowledge and innovation – is one of the three priorities of the Europe 2020 strategy;
Amendment 10 #
Motion for a resolution
Recital B
Recital B
B. whereas it is essential to promote the strengthening of links between education, business and research and innovation; and intellectual property; whereas procedures for combating intellectual property rights (IPR) infringements are costly and time- consuming, particularly for SMEs and individual right holders;
Amendment 13 #
Motion for a resolution
Recital C
Recital C
C. whereas the EU and its Member States, as members of the World Trade Organisation, are bound by the Agreement on Trade Related Intellectual Property Rights (TRIPS) and thereby committed to the adoption and implementation of minimum standards of effective measures against all infringements of IPR;
Amendment 15 #
Motion for a resolution
Recital D
Recital D
D. whereas the IPR debate should be based on qualified reflection of past experiences as well as future technological trends, while keeping consistency between internal and external aspects where appropriate, distinguishing between physical and digital environments, taking into consideration concerns of all stakeholders, including SMEs and consumer organisations and aiming at ensuring a fair balance between the interests of rights’ holders and those of end usersfull transparency of interests while striving to achieve a fair balance between them;
Amendment 22 #
Motion for a resolution
Recital H
Recital H
H. whereas it is necessary to combat IPR infringements in order to lower the risks they pose to the health and safety of consumers and to the environment and in order, protect value creation in the EU and in third countries as well as to avoid economic and social consequences for EU businesses and creators; whereas the fight against organised crime profiting from trade in counterfeit and pirated goods requires specific attention;
Amendment 26 #
Motion for a resolution
Recital I
Recital I
I. whereas a comprehensive IPR legal framework should be combined with effective enforcement, with reference, where appropriate, to enforcement measures and penalties while ensuring that IPR enforcement measures do not unduly burden legitimate trade;
Amendment 30 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that there is no evaluation of the Communication that takes into account both the 2004 Strategy for the enforcement of intellectual property rights in third countries and the rejection of the Anti-Counterfeiting Trade Agreement (ACTA) Commission should explore how an informed public debate can be had on the protection and enforcement of IP and what this means for consumers; believes that diligent identification of all interests involved is a necessary part of this process;
Amendment 32 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that it is not sufficiently clear by what means and by what method the results included in the Communication could be achieved, in particular as regards what resources will be used and where they will be taken from;
Amendment 37 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines that IPR protection should be seen as a first step – necessary but not sufficient – towards establishing access to a third country’s market, since export promotion does not have any effect without protection and that exercising these rights is contingent upon effective enforcement and remedies in the country concerned;
Amendment 40 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that the commercial nature and growing involvement of organised crime in IPR infringements has become a major issue; regrets that the United Nations Convention against Transnational Organised Crime (Palermo Convention) still does not have a protocol on counterfeiting; encourages international emphasis on tackling enforcement by adopting a 'follow the money' approach aimed at ensuring that those who are the greatest IPR offenders, in particular on a commercial-scale, should suffer financial loss;
Amendment 49 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that the Strategy does not give sufficient recognition to the distinction between the physical counterfeiting of trademarks and patents and violations of copyright, especially in the digital environment, notes that with increasingly rapid trends of digitisation that the issue of IPR protection and enforcement in the digital world will assume increasing importance worldwide;
Amendment 50 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the Strategy should include a strong collaboration with customs authorities and market surveillance authorities to ensure horizontal coherence;
Amendment 56 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Takes the view that the TRIPS agreement should be implemented in the most flexible way without overriding the fundamental principle of Article 27(1) of the TRIPS agreement relating to non- discriminatory treatment of all IP interests; believes that account should also be taken of the Doha Declaration while underlining that reinforced intellectual property protection and enforcement benefits not only EU countries but also helps developing countries to build and develop necessary domestic frameworks to encourage and protect innovation and research, an issue of increasing relevance as they move up international trading value chains;
Amendment 62 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines the need for a stronger public debate on enforcement with transparency of interests playing a key role;
Amendment 67 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recognises the necessity of increasing awareness among consumers, pointing to the fact that stronger enforcement alone will not solve the problemexisting and future concerns regarding IP protection and enforcement; stresses the role of the business sector in this respect;
Amendment 71 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that it is not clear howthat public support in defence of IPR couldmust be achieved, strnotess ing that the proposed measures do not successfully explain how broader public support is to be obtainedis context the work of the Office of Harmonisation in the Internal Market (OHIM) which includes awareness raising campaigns among citizens of the impacts of commercial scale IP infringement;
Amendment 73 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission and the Member States to negotiate and sign memorandaWelcomes the memorandum of understanding, signed on the 4th May 2011, between rights holders and internet platforms in a joint effort to reduce the sale of coundterstanding with online platforms to eliminate the sale offeit goods via e-commerce platforms, requests that the Commission and the Member States counterfeit goodsinue to promote action in this area;
Amendment 76 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to work with the Internet Corporation for Assigned Names and Numbers (ICANN) and the World Intellectual Property Organization (WIPO) to examine the feasibility of establishing a protection mechanism for geographic indications on the internet;
Amendment 81 #
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 87 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to contribute to creating an environment in which the interests of Member States and third countries are convergent and where there is a reciprocal interest in raising the barthe creation of high standard protection frameworks coupled to effective remedies;
Amendment 92 #
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 99 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes the work done by the Commission in supporting, on a case by case basis, developing countries wishing to improve their IPR systems, and calls on the Commission to continue and step up these efforts by providing continued technical assistance in the form of awareness-raising programmes, legislative assistance and training of officials;
Amendment 105 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission to continue to ensure support afor constructive dialogue on access to medicines involving all relevant stakeholders;
Amendment 108 #
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 111 #
Motion for a resolution
Paragraph 27
Paragraph 27
27. Takes the view that, while EU enterprises must be protected, it is necessary for medicine prices to be adapted to the economic level of the country in which they are sold, while account must also be taken of market distortions caused by the reselling of medicines in third countries; recognises that some EU enterprises do, to an extent, already provide access to medicines through assistance programs and discounted or tiered prices;
Amendment 118 #
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 124 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Considers that the statistical data quoted by the Communication has been derived using a controversial and already criticised methodologymust be improved to better reflect the actual situation regarding the centrality of IPR, its protection, and its enforcement, to the EU economy, not only to inform and improve existing policy but to further support the principle of evidence based policy making;
Amendment 132 #
Motion for a resolution
Paragraph 34
Paragraph 34
34. Recognises that better, appropriately harmonised internal IPR- related policies could be helpful in the effort to standardise the protection and enforcement of IPR globally;
Amendment 135 #
Motion for a resolution
Paragraph 36
Paragraph 36
Amendment 138 #
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Notes that the granting of Market Economy Status in terms of trade defence instruments is contingent upon, among other criteria, IP protection in the country concerned;
Amendment 142 #
Motion for a resolution
Paragraph 39
Paragraph 39
39. Considers that in negotiations for bilateral free trade agreements priority should be given to chapters on intellectual property, and that the negotiating parties should recognise that the right to conduct a business should take into account respect for IPR and compliance with existing legal frameworks, welcomes the Commission's work so far in successfully integrating chapters on IP protection and enforcement in bilateral free trade agreements;
Amendment 148 #
Motion for a resolution
Paragraph 41
Paragraph 41
41. Supports the Commission’s approach of setting up IP dialogues and working groups with priority countries with which comprehensive negotiations are not ongoing, with the aim of achieving and strengthening specific commitments in IP protection and enforcement;
Amendment 152 #
Motion for a resolution
Paragraph 43
Paragraph 43
43. Calls on the Commission to make more regular recourse to relevant dispute settlement mechanisms, including the WTO’s Dispute Settlement Body, when the rights of the Union’s economic operators are infringed;
Amendment 159 #
Motion for a resolution
Paragraph 45
Paragraph 45
45. Considers that EU economic operators and consumers in anyNotes that some Member States have IP attaches within theird country should be able to seek ad delegations in certain key countries, believes that better coordination and information sharing among Member States could provicde from oor new or more IPR attachés representing thepportunities to meet shared objectives in terestms of the UnionIP protection in third countries;