JURI Adopted Amendments

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Article 1

Number

Submitter

Recommendation

Vote Outcome

Text

30

Lehne

0

+

This Directive lays down the criminal measures necessary to ensure the enforcement of intellectual property rights in the context of counterfeiting and piracy.
These measures shall apply to such intellectual property rights as are provided for in Community legislation and/or national legislation in the Member States.

3

Zingaretti

0

+

This Directive lays down the criminal measures necessary to ensure the enforcement of intellectual property rights, as defined below.

35

Zingaretti

-

+

These measures shall apply to intellectual property rights, other than patents, provided for in Community legislation and/or national legislation in the Member States.

LIBE 4

LIBE

+

+

In particular, this Directive does not apply to any infringement of an intellectual property right related with:
-patents, utility models, and supplementary protection certificates;
-parallel importation of original goods, which have been marketed with the agreement of the rightholder in a third country.

26

Mayer

--

-

Commercial rights under a patent are excluded from the scope of this Directive.

Article 2

Number

Submitter

Recommendation

Vote Outcome

Text

Or

Zingaretti

-

+

For the purpose of this directive:
(a) 'intellectual property rights' means one or more of the following rights:
- copyright,
- rights related to copyright,
- sui generis right of a database maker,
- rights of the creator of the topographies of a semiconductor product,
- trademark rights, in so far as extending to them the protection of criminal law is not inimical to free market rules and research activities
- design rights,
- geographical indications,
- trade names, in so far as these are protected as exclusive property rights in the national law concerned,
- and in any event the rights, in so far as provision is made for them at Community level, in respect of goods within the meaning of Article 2(1)(a) and (b) of Council Regulation (EC) No 1383/2003 of 22 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights; and in any event with the exclusion of patents
(d)
'legal person' means any legal entity having such status under the applicable national law, except for States or any other public bodies acting in the exercise of their prerogative of public power, as well as public international organisations.

-

+

(b) 'infringements on a commercial scale' means any infringement of an intellectual property right committed to obtain a direct or indirect economic or commercial advantage; this would normally exclude acts carried out by private users for personal and non-commercial not for profits purposes;

+

+

(c) 'intentional infringements of an intellectual property right' means deliberate and conscious infringement of the right concerned for the purpose of obtaining an economic advantage on a commercial scale, or acceptance of such infringement .

Article 3

Number

Submitter

Recommendation

Vote Outcome

Text

Or

Gargani

-

+

Member States shall ensure that all intentional infringements of an intellectual property right on a commercial scale, and attempting, aiding or abetting and inciting such infringements, are treated as criminal offences.

71

Guidoni, Holm

++

+

Criminal sanctions shall not be applied in cases of parallel importation of original goods which have been marketed with the agreement of the rightholder in a country outside the European Union.

72

Guidoni, Holm

++

+

Member States shall ensure that the fair use of a protected work, including such use by reproduction in copies or audio or by any other means, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research, does not constitute a criminal offence.

Article 4

Number

Submitter

Recommendation

Vote Outcome

Text

Original

Commission

N/A

1. For the offences referred to in Article 3, the Member States shall provide for the following penalties:
a) for natural persons: custodial sentences;
b) for natural and legal persons:
i) fines;
ii) confiscation of the object, instruments and products stemming from infringements or of goods whose value corresponds to those products.
2. For the offences referred to in Article 3, the Member States shall provide that the following penalties are also available in appropriate cases:
(a) destruction of the goods infringing an intellectual property right;
(b) total or partial closure, on a permanent or temporary basis, of the establishment used primarily to commit the offence;
(c) a permanent or temporary ban on engaging in commercial activities;
(d) placing under judicial supervision;
(e) judicial winding up;
(f) a ban on access to public assistance or subsidies;
(g) publication of judicial decisions.

81

Manders

0

+

(a) destruction of the goods, including materials or equipment used for infringing an intellectual property right;

82

Mayer

-

+

b) total or partial closure, on a permanent or temporary basis, of the establishment used primarily to commit the offence;

ITRE 16

ITRE

-

+ (15-13)

(fa) an order requiring the infringer to pay the costs of keeping seized goods.

Article 5

Number

Submitter

Recommendation

Vote Outcome

Text

88

Zingaretti

--

+

1. Each Member State shall take the necessary measures to ensure that, when committed by natural persons, the offences referred to in Article 3 are punishable by a maximum sentence of at least four years' imprisonment when they are serious crimes within the meaning of Article 3(5) of Directive 2005/60/EC of the European Parliament and of the Council, of 26 October 2005, on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing [GU C 309 del 25.11.2005, pag. 15.] or are committed under the aegis of a criminal organisation within the meaning of Framework Decision …. on the fight against organised crime, or where they carry a health or safety risk.

7

Zingaretti

0

+

(a) to a maximum of at least EUR 100 000 for cases other than those referred to in paragraph 1;

Original

Commission

N/A

(b) to a maximum of at least EUR 300 000 for cases referred to in paragraph 1.

94

Mayer

0

+

Member States shall take the necessary measures to ensure that repeated offences committed within the meaning of Article 3 by natural and legal persons in a Member State other than their country of origin or domicile are taken into account when determining the level of the penalties in accordance with paragraphs 1 and 2 of this article.

Article 6

Number

Submitter

Recommendation

Vote Outcome

Text

97

Zingaretti

0

+

The Member States shall take the necessary measures to allow the total or partial confiscation of goods belonging to convicted natural or legal persons in accordance with Article 3 of Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime Related Proceeds, Instrumentalities and Property, at least where the offences are serious crimies within the meaning of Article 3(5) of Directive 2005/60/EC of the European Parliament and of the Council, of 26 October 2005, on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing [GU C 309 del 25.11.2005, pag. 15.] or are committed under the aegis of a criminal organisation, within the meaning of Framework Decision …. on the fight against organised crime, or where they carry a health or safety risk.

LIBE 10

LIBE

++

+

Member States shall ensure that, through criminal, civil and procedural measures, the misuse of threats of criminal sanctions is prohibited and made subject to penalties.
Member States shall prohibit procedural misuse, especially where criminal measures are employed for the enforcement of the requirements of civil law.

103

Roithová

104

Lichtenberger

105

Guidoni, Holm

LIBE 11

LIBE

+

+

Member States shall ensure that the rights of defendants shall be duly protected and guaranteed.

107

Mastenbroek

Article 7

Number

Submitter

Recommendation

Vote Outcome

Text

Or

Zingaretti

-

+

The Member States must ensure the cooperation of the holders of intellectual property rights with the joint investigation teams in accordance with the arrangements for which provision is made in Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams.

113

Wallis, Bowles

+

+

The Member States shall put in place safeguards that are sufficient to ensure that such assistance does not compromise the rights of the accused person, such as by affecting the accuracy, integrity or impartiality of evidence.

ITRE 20

ITRE

+

+

Article 8 of the Charter of Fundamental Rights of the European Union, which concerns the protection of personal data, and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data [OJ L 281, 23.11.1995, p. 31.] shall be fully respected in the course of investigations and judicial proceedings.

118

McCarthy

-

+

Member States shall provide that, where law enforcement authorities seize infringing items or obtain other evidence of infringement, the authorities make such evidence available for use in pending or contemplated civil proceedings against the alleged infringer brought by the rightholder in a jurisdiction within the European Union, and, where practicable, that those authorities inform the relevant rightholder or his representative of such seizure or evidence. Member States may require that any such provision of evidence to the rightholder be made subject to reasonable access, security or other requirements to ensure the integrity of the evidence and to avoid prejudice to any criminal proceedings that may ensue.

Article 8

Number

Submitter

Recommendation

Vote outcome

Text

Original

Commission

N/A

Member States shall ensure that the possibility of initiating investigations into, or prosecution of, offences covered by Article 3 are not dependent on a report or accusation made by a person subjected to the offence, at least if the acts were committed in the territory of the Member State.

Article 9, paragraph 1

Number

Submitter

Recommendation

Vote outcome

Text

Original

Commission

N/A

Member States shall bring into force the provisions necessary to comply with this Directive by ……. at the latest [eighteen months after the date of its adoption]. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

Recitals

Number

Submitter

Recommendation

Vote Outcome

Text

1

Zingaretti

-

+

(5) Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights11 lays down measures, procedures and civil and administrative remedies. A sufficiently dissuasive set of penalties applicable throughout the Community is needed to make the provisions laid down in this Directive complete. Certain criminal provisions need to be harmonised so that counterfeiting and piracy in the internal market can be combated effectively. The Community legislator has the power to take the criminal-law measures that are necessary to guarantee the full effectiveness of the rules it lays down on the protection of intellectual property, as defined by this directive, other than patents.

Number

Submitter

Recommendation

Vote outcome

Text

15

Fontaine

0

+

(6 a) In its resolution of 7 September 2006 on counterfeiting of medicinal products, the European Parliament took the view that the European Union should equip itself as a matter of urgency with the means to combat effectively illicit practices in the area of piracy and the counterfeiting of medicines..

Number

Submitter

Recommendation

Vote outcome

Text

19

Mayer

+

+

(8) Provisions must be laid down to facilitate criminal investigations. The Member States must ensure that the holders of intellectual property rights concerned, or their representatives, and experts are allowed to assist the investigations carried out by joint investigation teams. The co-operation of the intellectual property rightsholders concerned should constitute a supporting role that will not interfere with the neutrality of the state investigations.

Number

Submitter

Recommendation

Vote outcome

Text

Original

Commission

--

N/A

To facilitate investigations or criminal proceedings concerning intellectual property offences, these may not be dependent on a report or accusation made by a person subjected to the offence.

ITRE 2

ITRE

++

+

The rights set out in the Charter of Fundamental Rights of the European Union should be fully respected when defining criminal acts and penalties, during investigations and in the course of judicial proceedings.

Recital 10

Number

Submitter

Recommendation

Vote outcome

Text

Or

Zingaretti

+

+

This Directive does not affect specific liability systems such as that laid down for Internet service providers in Articles 12 to 15 of by Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market.

Recital 10 a (new)

Number

Submitter

Recommendation

Vote outcome

Text

Or

Zingaretti

+

+

This Directive does not affect specific liability systems such as that laid down by Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society.

Recital 12 a (new)

Number

Submitter

Recommendation

Vote outcome

Text

2

Zingaretti

--

+

(12a) It is necessary to ensure adequate protection of intellectual property rights in the audiovisual sector, as indicated by Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access [1]. [1] OJ L 320 of 28.11.1998, p. 54.

ipred2/JURI Adopted Amendments (last edited 2009-08-15 22:27:09 by localhost)

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