2014/2206(INI) | [ParlTrack]

Motion for a resolution
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 10 #

Motion for a resolution
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 100 #

Motion for a resolution
Paragraph 23

23. Welcomes the work done by the Commission in supporting developing countries wishing to improve their IPR systems, and calls on the Commission to continue and step up these efforts by providing continued appropriate technical assistance in the form of awareness-raising programmes, legislative assistance and training of officials, with consideration given to the levels of development in each country;

Amendment 101 #

Motion for a resolution
Paragraph 23

23. ~~Welcom~~Recognizes the work done by the Commission in supporting developing countries wishing to improve their IPR systems~~, and calls on the Commission to continue and step up these efforts by provid~~; underlines that in order to make increased IPR protection a positive goal for developing count~~inued technical assistance in the form of awareness-raising programmes, legislative assistance and training of official~~ries, the Commission should accept technology transfer and local content requirements in its negotiation of investment agreements with these countries;

Amendment 102 #

Motion for a resolution
Paragraph 24

24. Agrees with the call for a broad response to the complex and multifaceted problem of access to medicines while underlining the importance of a patient- focused approach to IPR in the pharmaceutical sector;

Amendment 103 #

Motion for a resolution
Paragraph 24

24. Agrees with the call for a broad response to the complex and multifaceted problem of ~~access to~~the relation between IPR and universal access to affordable medicines;

Amendment 104 #

Motion for a resolution
Paragraph 24

24. ~~Agrees with the call for a broad response to the complex and multifaceted problem of access to medicines~~Calls for the development of a coordinated response by Member States to the complex and multifaceted problem of access to medicines, while ensuring that the economic interests of the Member States are respected;

Amendment 105 #

Motion for a resolution
Paragraph 25

25. Calls on the Commission to continue to ensure support afor constructive dialogue on access to medicines involving all relevant stakeholders;

Amendment 106 #

Motion for a resolution
Paragraph 25

25. Calls on the Commission to continue to support a constructive dialogue on access to medicines involving all relevant stakeholders;

Amendment 107 #

Motion for a resolution
Paragraph 25

25. Calls on the Commission and the Member States to support a constructive dialogue on access to medicines involving all relevant stakeholders and to find ways of facilitating access to medicines for the populations of the poorest countries unable to obtain the best treatments currently available;

Amendment 108 #

Motion for a resolution
Paragraph 26

~~26. Underlines the unresolved issue of generic medicines and the defence of pharmaceutical research;~~deleted

Amendment 109 #

Motion for a resolution
Paragraph 26

~~26. Underlines the unresolved issue of generic medicines and the defence of pharmaceutical research;~~deleted

Amendment 11 #

Motion for a resolution
Recital B

B. whereas it is essential to promote the strengthening of links between education, business and research and innovation; whereas procedures for combating intellectual property rights (IPR) infringements are costly and time- consuming, particularly for SMEs, including individual rightholders;

Amendment 110 #

Motion for a resolution
Paragraph 26

26. Underlines the unresolved issue of g~~eneric medicines and the defence of~~uaranteeing access to medicines at prices within everyoneʼs reach and rewarding in a suitable, transparent and fair manner innovation and pharmaceutical research;

Amendment 111 #

Motion for a resolution
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 112 #

Motion for a resolution
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 medicinthe interest and competitiveness of EU pharmaceutical companies must be protected, an account must also be taken of market distortions caused by the reselling of medicines in third countries; however notes the fact that many EU enterprises provide access to medicines through assistance programs and discounted or tiered prices in third countries;

Amendment 113 #

Motion for a resolution
Paragraph 27

27. Takes the view that, while EU enterprises must be protected, and taking into account that some EU enterprises provide access to medicines through assistance programs and discounted tiered prices, 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;

Amendment 114 #

Motion for a resolution
Paragraph 27

27. Takes the view that, while EU enterprises must be protected, to guarantee everyone access to medicines it is necessary for medicine prices to be ~~adapted to the economic level of~~within the reach of people in the country in which they are sold, making support for the use of the flexibilities provided for in the TRIPS Agreement and recognised in the Doha Declaration essential, while account must also be taken of market distortsions caused by the reselling of medicines in third countries;

Amendment 115 #

Motion for a resolution
Paragraph 27

27. Takes the view that~~, while EU enterprises must be protected, it is necessary for medicine pric~~ the fundamental universal right to life and physical integrity obliges governmental authorities to be adapted medicine prices 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 countr~~the legitimate rights of companies involved in the production of pharmaceuticals; underlines that a considerable part of pharmaceutical research is publically financed and should therefore have public benefits, a principle which curtails the right of monopoly and the autonomy of price setting of private companies;

Amendment 116 #

Motion for a resolution
Paragraph 27

27. Takes the view that, while EU enterprises must be protected by preserving their capacity for innovation, 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;

Amendment 117 #

Motion for a resolution
Paragraph 27 – subparagraph 1 (new)

Calls on the Commission and Member States to continue efforts to ensure border measures intended to block the importation of counterfeit medicines do not negatively affect the transit of generic drugs;

Amendment 118 #

Motion for a resolution
Paragraph 28

~~28. Takes the view that companies should be encouraged to collaborate in a better way in their competitive environment and to work together with public authorities;~~deleted

Amendment 119 #

Motion for a resolution
Paragraph 28

28. ~~Takes the view~~Stresses that companies should be encouraged to collaborate in a better way in their competitive environment and to work together with public authorities; calls on the Commission to consider supporting innovative mechanisms such as patent pools to stimulate research while ensuring generic production;

Amendment 12 #

Motion for a resolution
Recital B

Amendment 120 #

Motion for a resolution
Paragraph 28

28. Takes the view that companies should be encouraged to collaborate in a better way in their competitive environment and to work together with public authorities with the aim of guaranteeing greater and improved access to medicines in the Member States and in third countries;

Amendment 121 #

Motion for a resolution
Paragraph 28

28. Takes the view that companies should be encouraged to collaborate in a better way in their competitive environment and to work together with public authorities, and believes that this should be done within the Horizon 2020 framework;

Amendment 122 #

Motion for a resolution
Paragraph 28 a (new)

28a. Insists data exclusivity provisions on pharmaceutical test data is not included in bilateral free trade agreements, in particular in agreements with developing and emerging economies;

Amendment 123 #

Motion for a resolution
Paragraph 29 a (new)

29a. Calls on the Commission to stimulate early exports of EU produced generic medicines as soon as they are not patent protected in third countries anymore;

Amendment 124 #

Motion for a resolution
Paragraph 30

30. Considers that the statistical data quoted by the Communication ~~has been derived using a controversial and already criticised methodology~~must 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 125 #

Motion for a resolution
Paragraph 30

30. Considers that some of the statistical data quoted by the Communication has been derived using a controversial and already criticised methodology;

Amendment 126 #

Motion for a resolution
Paragraph 31

~~31. Agrees with the Commission’s reasoning for the establishment of the EU Observatory on Infringements of Intellectual Property Rights, and asks that it be allocated dedicated resources;~~deleted

Amendment 127 #

Motion for a resolution
Paragraph 31

31. ADoes not agrees with the Commission’s reasoning for the establishment of the EU Observatory on Infringements of Intellectual Property Rights, ~~and asks that it be allocated dedicated resour~~but instead suggests that the infringement of Intellectual Property Rights be a charge of the national authorities and the European Patent Offices;

Amendment 128 #

Motion for a resolution
Paragraph 32

~~32. Points out that the Observatory should be composed in a comprehensive way and should not replicate already existing bodies;~~deleted

Amendment 129 #

Motion for a resolution
Paragraph 32

~~32. Points out that the Observatory should be composed in a comprehensive way and should not replicate already existing bodies;~~deleted

Amendment 13 #

Motion for a resolution
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 130 #

Motion for a resolution
Paragraph 33

~~33. Calls on the Commission to work towards the Observatory maintaining its independence, to ensure that its work is not undermined by real or perceived biases;~~deleted

Amendment 131 #

Motion for a resolution
Paragraph 33

~~33. Calls on the Commission to work towards the Observatory maintaining its independence, to ensure that its work is not undermined by real or perceived biases;~~deleted

Amendment 132 #

Motion for a resolution
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 133 #

Motion for a resolution
Paragraph 34

34. Recognises that better, harmonised internal IPR-related policies could be helpful in the effort to improve the standard~~ise the~~ of protection and enforcement of IPR globally;

Amendment 134 #

Motion for a resolution
Paragraph 35

35. Calls on the Commission to work with the Member States towards the ratification of the WIPO Trademark Law Treaty, the Geneva Act of the Hague Agreement and the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration~~, as well as of other IPR-related international agreements~~;

Amendment 135 #

Motion for a resolution
Paragraph 36

36. Calls on the Commission to take further steps in line with the outcome of the public consultation of its Green paper ‘Making the most out of Europe’s traditional know-how’ (COM(2014) 469) concerning a possible extension of geographical indications protection of the Union to non-agricultural products;deleted

Amendment 136 #

Motion for a resolution
Paragraph 37

37. Supports the Commission’s pledge to give priority to promoting better IPR protection and enforcement thereof in the WTO and in any other international arenas and thus open up new markets for European exporters and improve existing market access;

Amendment 137 #

Motion for a resolution
Paragraph 37

37. Supports the Commission’s pledge to ~~give priority to~~ promot~~ing~~e better IPR protection in the WTO and in any other international arenas;

Amendment 138 #

Motion for a resolution
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 139 #

Motion for a resolution
Paragraph 38

38. Calls on the Commission and Member States to uphold IPRs more effectively in all relevant multilateral organisations (the WTO, the World Health Organisation and the World Intellectual Property Organisation) and to work towards the inclusion in the WTO system of IPR- related international agreements that are not yet part of it, such as the WIPO Trademark Law Treaty, the Geneva Act of the Hague Agreement and the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration;

Amendment 14 #

Motion for a resolution
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 effective measures against all infringements of IPR;

Amendment 140 #

Motion for a resolution
Paragraph 38

38. Calls on the Commission to work towards the inclusion in the WTO system of IPR-related international agreements that are not yet part of it, such as the WIPO Trademark Law Treaty, the WIPO Phonograms and Performance Treaty, the WIPO Copyright Treaty, the Geneva Act of the Hague Agreement and the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration;

Amendment 141 #

Motion for a resolution
Paragraph 38

38. Calls on the Commission to work towards the inclusion in the WTO system of IPR-related international agreements that are not yet part of it, such as the WIPO Trademark Law Treaty, the WIPO Performances and Phonograms Treaty (WPPT), the WIPO Copyright Treaty (WCT), the Geneva Act of the Hague Agreement and the Lisbon Agreement for the Protection of Appellations of Origin and their International Registration;

Amendment 142 #

Motion for a resolution
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 143 #

Motion for a resolution
Paragraph 39

39. Considers that ~~in negotiations for~~ bilateral free trade agreements ~~priority should be given to~~should include 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;

Amendment 144 #

Motion for a resolution
Paragraph 39

39. Considers that in negotiations for bilateral free trade agreements p~~riority~~articular attention should be given to chapters on enforcement of intellectual property, and that the negotiating parties should recognise that the right to conduct a business should take into account respect for IPR;

Amendment 145 #

Motion for a resolution
Paragraph 39

39. Considers that in negotiations for bilateral free trade agreements ~~priority~~appropriate attention should be given to chapters on intellectual property, ~~and~~so that ~~the negotiating parties should recognise that the right to conduct a business should take into account respect for IPR~~market opening leads to a factual possibility to conduct a business;

Amendment 146 #

Motion for a resolution
Paragraph 40

~~40. Considers that ratification of the WIPO treaties should be included in the bilateral free trade agreements concluded by the Union;~~deleted

Amendment 147 #

Motion for a resolution
Paragraph 40

40. Considers that ratification of the WIPO treaties listed in paragraph above for the inclusion of WTO system should be included in the bilateral free trade agreements concluded by the Union;

Amendment 148 #

Motion for a resolution
Paragraph 41

Amendment 149 #

Motion for a resolution
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 specific commitments in IP protection and enforcement; stresses the need to put IPR on the agenda of higher level political meetings when progress at the level of IP dialogues and inter-agency meetings is not forthcoming;

Amendment 15 #

Motion for a resolution
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 users~~full transparency of interests while striving to achieve a fair balance between them;

Amendment 150 #

Motion for a resolution
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 specific commitments in IP protection and enforcement and accordingly urges the Commission to propose a framework for cooperation between national patent, trademark and design registration offices on the one hand, and the European Patent Office on the other;

Amendment 151 #

Motion for a resolution
Paragraph 43

43. Calls on the Commission to make more regular recourse to dispute settlement mechanisms, including the WTO’s Dispute Settlement Body, when the rights of the Union’s economic operators are infringed;deleted

Amendment 152 #

Motion for a resolution
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 153 #

Motion for a resolution
Paragraph 43

Amendment 154 #

Motion for a resolution
Paragraph 43

Amendment 155 #

Motion for a resolution
Paragraph 43

43. Calls on the Commission to make ~~more regular~~ recourse to dispute settlement mechanisms, including the WTO’s Dispute Settlement Body, when specific governmental commitments regarding the implementation of IPR related treaties and conventions are violated and the rights of the Union’s economic operators are infringed;

Amendment 156 #

Motion for a resolution
Paragraph 44 a (new)

44a. Calls on the Commission and Member States to step up customs cooperation within the Union and with third countries for the seizure of counterfeit goods and to simplify customs procedures;

Amendment 157 #

Motion for a resolution
Paragraph 44 b (new)

44b. Calls on the Commission and Member States to cooperate plus closely with third countries regarding copyright and licensing issues;

Amendment 158 #

Motion for a resolution
Paragraph 44 c (new)

44c. Is convinced that better protection of intellectual property rights and effective implementation of related rules in third countries would be a strong incentive for investors from the European Union and elsewhere to invest, share new technological skills and update existing technologies;

Amendment 159 #

Motion for a resolution
Paragraph 45

45. ~~Considers that EU economic operators and consumers in any~~Notes that some Member States have IP attaches within their~~d country should be able to seek ad~~ delegations in certain key countries, believes that better coordination and information sharing among Member States could provicde f~~rom o~~or new o~~r more IPR attachés representing the~~pportunities to meet shared objectives in ter~~est~~ms of ~~the Union~~IP protection in third countries;

Amendment 16 #

Motion for a resolution
Recital D

D. whereas the IPR debate should be based on qualified reflection of past experiences, while keeping consistency between internal and external aspects, 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 users~~full transparency of interests and adequate legitimacy when striving to achieve a fair balance amongst all interests at stake;

Amendment 17 #

Motion for a resolution
Recital D

D. whereas the IPR debate should be based on qualified reflection of past experiences, while keeping consistency between internal and external aspects, if required, distinguishing between physical and digital environments, taking into consideration concerns of all stakeholders, including SMEs and consumer organisations, with the necessary extensive transparency, and aiming at ensuring a fair balance between ~~the~~all interests ~~of rights’ holders and those of end users~~;

Amendment 18 #

Motion for a resolution
Recital E

E. whereas counterfeiting is no longer confined to luxury products but also includes commonly used goods, such as toys, medicines, cosmetics and foodstuffs which, if counterfeited, can cause injuries or pose serious health risks for consumers;

Amendment 19 #

Motion for a resolution
Recital E a (new)

Ea. whereas the fight against counterfeiting is an effective way to protect the specific features and cultural diversity of the Member States and third countries;

Amendment 2 #

Motion for a resolution
Citation 7 a (new)

- having regard to the 2010 trade policy working paper by the OECD entitled "Policy Complements to the Strengthening of IPRS in Developing Countries",

Amendment 20 #

Motion for a resolution
Recital F a (new)

Fa. whereas the Member States are the most effective level at which to implement customs controls to curb fraud and combat counterfeiting networks;

Amendment 21 #

Motion for a resolution
Recital G

G. whereas 72 % of all detentions in 2013 was related to small consignments; whereas life-style medicines represented for the fourth consecutive year the top category, accounting for 19 % of these detentions and 10 % of all detentions;

Amendment 22 #

Motion for a resolution
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 23 #

Motion for a resolution
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 to avoid economic and social consequences for EU businesses and creators as well as risks to cultural diversity in Europe and in third countries; whereas the fight against organised crime profiting from trade in counterfeit and pirated goods requires specific attention;

Amendment 24 #

Motion for a resolution
Recital H

H. whereas it is necessary to combat IPR infringements in order to lower the risks they can pose to the health and safety of consumers and to the environment and in order 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 25 #

Motion for a resolution
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 to avoid economic and social consequences for EU businesses and creators in the Member States; whereas the fight against organised crime profiting from trade in counterfeit and pirated goods and the failure to control both the internal and external borders of the EU requires specific attention;

Amendment 26 #

Motion for a resolution
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 27 #

Motion for a resolution
Recital I

I. whereas a comprehensive IPR legal framework should be combined with effective enforcement, while ensuring that IPR enforcement measures ~~do not unduly burden~~fully respect the ambit of legitimate trade;

Amendment 28 #

Motion for a resolution
Recital I a (new)

Ia. whereas one of the main features of intellectual property protection is the correct enforcement of existing laws and international commitments, including statutes on penalties;

Amendment 29 #

Motion for a resolution
Paragraph 1 a (new)

1a. Considers that diligent identification of all interests involved is required as a necessary step to enable a healthy and legitimate debate on important topics like IPR;

Amendment 3 #

Motion for a resolution
Citation 10 a (new)

- having regard to the Doha Declaration on the TRIPS agreement and public health adopted by the World Trade Organization Ministerial Conference on 14 November 2001,

Amendment 30 #

Motion for a resolution
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 31 #

Motion for a resolution
Paragraph 2

2. Considers that the debate on balancing of interests is multifaceted and complex, with commercial interests on all sides; considers that the call for improved stakeholder involvement in the debate on IPR need to be accompanied by steps to ensure transparency and legitimacy of all participants; notes that the in this respect 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);

Amendment 32 #

Motion for a resolution
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 33 #

Motion for a resolution
Paragraph 3

3. Stresses that it is not 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, also considering the limited resources made available for the purpose of supporting European rightholders who export or who establish themselves in third markets;

Amendment 34 #

Motion for a resolution
Paragraph 3

3. ~~Stresses that it is not clear by what means and by what method the~~ Underscores the fact that the public debate on a fair balance between rightholders' interesults ~~included in the Communication could be achieved, in particular as regards what resources will be used and where they will be taken from~~and end users' interests is by no means characterised by ideology alone, but, rather, is extremely complex and is driven on all sides by economic interests which are not clear- cut; calls accordingly, in the interests of an informed, transparent and democratic decision-taking process, for economic interests to be scrutinised and disclosed; is convinced that, given those considerations, there ought to be greater stakeholder engagement only if, at the same time, there is greater transparency as to the real motives and commitments to disclose relevant interests;

Amendment 35 #

Motion for a resolution
Paragraph 4

4. Considers that there is no clear indication of coordination between internal policies and external policies regarding the protection of intellectual property rights, and stresses the importance of internal improvement on the issue; recognises that coherence between internal and external policies does not negate the need for a tailored approach, recognising the specific facts and circumstances existing in a third country market at issue;

Amendment 36 #

Motion for a resolution
Paragraph 4

Amendment 37 #

Motion for a resolution
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 38 #

Motion for a resolution
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~~substantive protection and the ability to effectively exercise the recognised IP rights;

Amendment 39 #

Motion for a resolution
Paragraph 5

5. Underlines that IPR protection ~~should be seen as a first step – necessary but not sufficient – towards~~is an important factor for many companies for establishing ~~access to~~presence in a third country’s market~~, since export promotion does not have any effect without protection~~;

Amendment 4 #

Motion for a resolution
Citation 12

~~– having regard to Council Regulation (EC) No 953/2003 of 26 May 2003 to avoid trade diversion into the European Union of certain key medicines4, __________________ 4~~deleted OJ L 135, 3.6.2003, p. 5.

Amendment 40 #

Motion for a resolution
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 41 #

Motion for a resolution
Paragraph 6

6. Stresses that the 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~~n anti- counterfeiting protocol;

Amendment 42 #

Motion for a resolution
Paragraph 6

6. Stresses that the commercial nature of many IPR infringements and the growing involvement of organised crime in IPR infringements hasve become a major issue; regrets that the United Nations Convention against Transnational Organised Crime (Palermo Convention) still does not have a protocol on counterfeiting;

Amendment 43 #

Motion for a resolution
Paragraph 6

6. Stresses that commercial-scale IPR infringements and the growing involvement of organised crime in ~~IPR infringements~~them hasve become a major issue; regrets that the United Nations Convention against Transnational Organised Crime (Palermo Convention) still does not have a protocol on counterfeiting, and calls on the Commission and the Member States considerably to step up their efforts to bring that about;

Amendment 44 #

Motion for a resolution
Paragraph 6 a (new)

6a. Points out in this regard that organised crime and networks involving the production, distribution and sale of counterfeit products can be combated and dismantled through stringent controls on the flows of people and goods at both the external and internal borders of the EU, between each Member State;

Amendment 45 #

Motion for a resolution
Paragraph 7

7. Appreciates and supports the aim of better coherence between IPR protection and enforcement and other policies, and between the Commission and Member States in reaching the goal; considers that ~~IPR protection~~adequate measures to address IPR infringements can play a crucial role in the fight against organised crime, money laundering and tax evasion and the development of fair and sustainable online business environment;

Amendment 46 #

Motion for a resolution
Paragraph 7

7. Appreciates and supports the aim of better coherence between IPR protection and enforcement and other policies, and between the Commission and Member States in reaching the goal; considers that IPR protection can ~~play a crucial rol~~contribute in the fight against organised crime, money laundering and tax evasion;

Amendment 47 #

Motion for a resolution
Paragraph 7

7. Appreciates and supports the aim of better coherence between IPR protection and enforcement and other policies, and between the Commission and Member States in reaching the goal; considers that IPR protection and resolute measures to combat IPR infringements can play a crucial role in the fight against organised crime, money laundering and tax evasion; and are essential for a future-proof and innovation-friendly digital market;

Amendment 48 #

Motion for a resolution
Paragraph 8

8. ~~Supports~~Takes note of the Commission ~~in it~~'s work in identifying geographical priorities, using as a starting basis its biannual reports on the protection and enforcement of intellectual property rights in third countries; underlines that under the TRIPS agreement developing countries have flexibilities to develop their IP laws according to their level of development which must be duly recognized in the reports;

Amendment 49 #

Motion for a resolution
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 5 #

Motion for a resolution
Citation 13

~~– having regard to Council Regulation (EC) No 980/2005 of 27 June 2005 applying a scheme of generalised tariff preferences (GSP Regulation)5 , __________________ 5~~deleted OJ L 169, 30.6.2005, p. 1.

Amendment 50 #

Motion for a resolution
Paragraph 10

10. Considers that the Strategy should include a strong collaboration with customs authorities and market surveillance authorities to ensure horizontal coherence;

Amendment 51 #

Tonino PICULA

Motion for a resolution
Paragraph 10

10. Considers that the Strategy should be better adapted to the digital environment and include a strong collaboration with customs authorities to ensure horizontal coherence;

Amendment 52 #

Motion for a resolution
Paragraph 10

10. Considers that the Strategy should include a strong collaboration with customs authorities to ensure horizontal coherence, but emphasizes that custom officials are neither trained nor capable of handling civil disputes over patent infringement and therefore should not be allowed to intervene in this domain without judicial authority decision;

Amendment 53 #

Motion for a resolution
Paragraph 10

10. Considers that the Strategy should include a strong collaboration with customs authorities of the Member States to ensure horizontal coherence;

Amendment 54 #

Motion for a resolution
Paragraph 11

11. Underlines that the geographic indications and their protection are equally important as other types of intellectual property~~, and~~ in that the~~ir recognition should be a central objec~~y ensure that products are traceable up to the tivme of ~~the Commission when negotiating free trade agreements~~consumption and safeguard producer know-how;

Amendment 55 #

Motion for a resolution
Paragraph 11 a (new)

11a. Takes the view that the Commission should ensure that geographic indications are recognised and genuinely protected when negotiating free-trade agreements with third countries, in particular with regard to the Transatlantic Trade and Investment Partnership (TTIP);

Amendment 56 #

Motion for a resolution
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 57 #

Motion for a resolution
Paragraph 12

12. Takes the view that the TRIPS agreement should be implemented in the most ~~flexible way~~effective way and that any flexibilities in the wording of the TRIPS agreement should fully respect the fundamental principle of non- discriminatory treatment for all fields of technology as laid down in Article 27(1) of the TRIPS agreement;

Amendment 58 #

Motion for a resolution
Paragraph 12

12. Takes the view that the rules and flexibilities in the TRIPS agreement should be implemented in ~~the most flexible way~~a balanced and effective manner where appropriate;

Amendment 59 #

Motion for a resolution
Paragraph 12

12. Takes the view that the TRIPS agreement should be implemented ~~in the most flexible way~~;

Amendment 6 #

Motion for a resolution
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 60 #

Motion for a resolution
Paragraph 12

12. Takes the view that the TRIPS agreement should be implemented in the most flexible way; calls on the Commission and the EU Member States to stop challenging third countries which make use of the existing TRIPS flexibilities in accordance with the Doha Declaration on TRIPS and public health;

Amendment 61 #

Motion for a resolution
Subheading 2

Enforcement and public ~~debate~~awareness

Amendment 62 #

Motion for a resolution
Paragraph 13

13. Underlines the need for a stronger public debate on enforcement with transparency of interests playing a key role;

Amendment 63 #

Motion for a resolution
Paragraph 13

13. Underlines the need for a stronger public ~~debate~~awareness on enforcement;

Amendment 64 #

Motion for a resolution
Paragraph 13

13. Underlines the need for a stronger and more transparent public debate on enforcement;

Amendment 65 #

Motion for a resolution
Paragraph 13

13. Underlines the need for a stronger and balanced public debate on enforcement, involving all interested parties;

Amendment 66 #

Motion for a resolution
Paragraph 13

13. Underlines the need for a ~~stronger~~n informed public debate on ~~enforcement~~the role of IPR protection and possibilities of its enforcement, balancing between the interests of IP rights holders and public interests, such as access to knowledge, natural resources and health;

Amendment 67 #

Motion for a resolution
Paragraph 14

14. Recognises the necessity of increasing awareness among consumers, pointing to the fact that stronger enforcement alone will not solve ~~the problem~~existing and future concerns regarding IP protection and enforcement; stresses the role of the business sector in this respect;

Amendment 68 #

Motion for a resolution
Paragraph 14

14. Recognises the necessity of increasing awareness among consumers, pointing to the fact that stronger enforcement ~~alone will not solve the problem~~should be complementary to an increased awareness among consumers; stresses the role of the business sector in this respect;

Amendment 69 #

Motion for a resolution
Paragraph 14

14. Recognises the necessity of increasing awareness among consumers of the pecuniary loss, detriment to innovation and, on occasions, dangers to health and safety caused by purchasing goods which infringe intellectual property, pointing to the fact that stronger enforcement alone will not solve the problem; stresses the role of the business sector in this respect;

Amendment 7 #

Motion for a resolution
Recital A

A. whereas competitiveness of the EU has, and increasingly ~~been~~will 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 70 #

Motion for a resolution
Paragraph 14

14. Recognises the necessity of increasing awareness among consumers, pointing to the fact that stronger enforcement ~~alone~~ will not solve the problem as long as consumer behaviour remains unchanged; stresses the role of the business sector in this respect;

Amendment 71 #

Motion for a resolution
Paragraph 15

15. Considers that it is ~~not~~ clear ~~how~~that public support in defence of IPR ~~could~~must be achieved, ~~str~~notess ing th~~at the proposed measures do not successfully explain how broader public support is to be obtained~~is 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 72 #

Motion for a resolution
Paragraph 15

15. Considers that it is not clear how public support in defence of IPR could be achieved, stressing that the proposed measures do not successfully explain how broader public support or greater consumer awareness and information is to be obtained;

Amendment 73 #

Motion for a resolution
Paragraph 16

16. ~~Calls on the Commission and the Member States to negotiate and sign memoranda~~Welcomes 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 coundter~~standing with online platforms to eliminate the sale of~~feit goods via e-commerce platforms, requests that the Commission and the Member States count~~erfeit goods~~inue to promote action in this area;

Amendment 74 #

Motion for a resolution
Paragraph 16

16. Calls on the Commission and the Member States to ~~negotiate and sign memoranda of understanding with online platforms to eliminat~~enter into a structured dialogue with online platforms on how to best identify and tackle the sale of counterfeit goods;

Amendment 75 #

Motion for a resolution
Paragraph 16 a (new)

16 a. Considers that the problem of IPRs infringement multiplied in the last years through digitalization and the growing number of digital selling platforms, where counterfeited products are sold and distributed worldwide without any effective mean of control; in this respect, calls for a deeper reflection aimed at the adoption of more efficient tools for control in the online selling of physical products;

Amendment 76 #

Motion for a resolution
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 77 #

Motion for a resolution
Paragraph 19

19. Considers that the responsibilities of intermediaries ~~are underestim~~has to be carefully evaluated; would in this regard have welcomed a more sophisticated Strategy;

Amendment 78 #

Motion for a resolution
Paragraph 19

19. Considers that the responsibilities of intermediaries are underestimated; would in this regard have welcomed a more sophisticated Strategy while recognising that this issue is subject to a separate debate;

Amendment 79 #

Motion for a resolution
Paragraph 19

19. Considers that the ~~responsibilitie~~market functions of intermediaries are still underestimated; would in this regard have welcomed a more sophisticated Strategy;

Amendment 8 #

Motion for a resolution
Recital A

A. whereas competitiveness of the EUeconomies of the Member States has increasingly been based on cre~~ativity 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~~search and innovation;

Amendment 80 #

Motion for a resolution
Paragraph 19

19. Considers that ~~the responsibilities of intermediaries are underestimated~~intermediaries should incur greater liability; would in this regard have welcomed a more sophisticated Strategy;

Amendment 81 #

Motion for a resolution
Paragraph 20

~~20. Considers that the Strategy should have included the introduction of an obligation for banks to sanction automatically fraud happening on the internet;~~deleted

Amendment 82 #

Motion for a resolution
Paragraph 20

~~20. Considers that the Strategy should have included the introduction of an obligation for banks to sanction automatically fraud happening on the internet;~~deleted

Amendment 83 #

Motion for a resolution
Paragraph 20

~~20. Considers that the Strategy should have included the introduction of an obligation for banks to sanction automatically fraud happening on the internet;~~deleted

Amendment 84 #

Motion for a resolution
Paragraph 20

20. Considers that the Strategy should have in~~cluded the introduction~~dicated possible avenues to explore the role of banks and obnli~~gation for banks to sanction automatically~~ne payment schemes in sanctioning fraud happening on the internet;

Amendment 85 #

Motion for a resolution
Paragraph 20

20. Considers that the Strategy should have included the introduction of an obligation for banks to sanction automatically fraud happening on the internet and calls for more involvement in the development of IPR protection mechanisms and anti- fraud measures relating to counterfeiting and illegal sales on the internet and to companies offering online services and payment systems;

Amendment 86 #

Motion for a resolution
Paragraph 20 a (new)

20a. Calls on the Member States to ensure that measures to combat IPR fraud on internet do not restrict the digital freedoms of citizens of the Member States, especially with regard to the protection of personal data and privacy;

Amendment 87 #

Motion for a resolution
Paragraph 21

Amendment 88 #

Motion for a resolution
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 bar~~closing the gaps in protection and, where appropriate, in raising the bar; notes the need to distinguish carefully between the circumstances of the different "developing countries" and the trade issues involved;

Amendment 89 #

Motion for a resolution
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 bar, and calls on it to fill the gaps in IPR protection arrangements permanently, while taking account of specific circumstances in individual developing countries;

Amendment 9 #

Motion for a resolution
Recital A a (new)

Aa. whereas intellectual property rights contribute to the development of innovation and creativity, whereas their protection is a key issue for the competitiveness of Europe and, accordingly, the EU needs a more ambitious strategy concerning the protection of intellectual property rights vis-à-vis its trading partners;

Amendment 90 #

Motion for a resolution
Paragraph 21

21. Calls on the Commission to contribute to creating an environment in which the interests of Member States and third countries ~~are~~could better convergent and where there is a reciprocal interest in raising the bar, for example regarding legitimate technology transfer expectations of developing countries, a restraint of the Commission in routinely questioning any decision of a developing country to make use of existing TRIPS flexibilities, and the acceptance by the EU of broad exceptions and limitations of IPRs in the negotiations of FTAs with Thailand, India and Vietnam;

Amendment 91 #

Motion for a resolution
Paragraph 21

21. Calls on the ~~Commission~~Member States to contribute to creating an environment of cooperation in which the interests of Member States and third countries are ~~convergent~~respected and where there is a reciprocal interest in raising the bar;

Amendment 92 #