Activities of Marietje SCHAAKE 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 (5)
Amendment 11 #
Proposal for a regulation
Recital 5
Recital 5
(5) Regulation (EC) No 1383/2003 does not cover certain intellectual property rights and excludes certain infringements. In order to strengthen the enforcement of intellectual property rights, customs control should therefore be extended to other types of infringements, such as infringements resulting from parallel trade, as well as other infringements of rights already enforced by customs authorities but not covered by Regulation (EC) No 1383/2003. For the same purpose it is appropriate to include in the scope of this Regulation, in addition to the rights already covered by Regulation (EC) No 1383/2003, trade names in so far as they are protected as exclusive intellectual property rights under national law, topographies of semiconductor products, and utility models and devices to circumvent technological measures, as well as any exclusive intellectual property right established by Union legislation.
Amendment 12 #
Proposal for a regulation
Recital 11
Recital 11
(11) Where goods suspected of infringing intellectual property rights are not counterfeit or pirated goods, iIt may be difficult to determine upon mere visual examination by customs authorities whether an intellectual property right might be infringed. It is therefore appropriate to provide that proceedings should be initiated, unless the parties concerned, namely the holder of the goods and the right-holder, agree to abandon the goods for destruction. It should be for the competent authorities dealing with such proceedings to determine whether an intellectual property right has been infringed and to take appropriate decisions concerning the infringements of intellectual property rights concerned.
Amendment 24 #
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 undercounterfeit goods and pirated goods according to the law of the Union or of that Member State;
Amendment 26 #
Proposal for a regulation
Article 2 – point 7 – point b
Article 2 – point 7 – point b
(b) devices, products or components which circumvent any technology, device or component that, in the normal course of its operation, prevents or restricts acts in respect of works which are not authorised by the right-holder of any copyright or right related to copyright and which infringe an intellectual property right under the law of that Member state;
Amendment 35 #
Proposal for a regulation
Article 24 – paragraph 8
Article 24 – paragraph 8
8. Where the declarant or holder of the goods objects to the destruction of the goods, the customs authorities shall inform the holder of the decision granting the application of such objection and of the number of items and their nature, including images of those items where appropriate. When the declarant or holder of the goods initiates legal proceedings to determine whether the goods infringe an intellectual property right, the goods may not be destroyed within the period referred to in paragraph 5. If a court establishes that the goods do not infringe an intellectual property right, the declarant or holder of the goods can recover his legal costs from the customs authority or party who ordered the destruction of the goods.