Plenary1 Tabled Amendments

This page provides justified voting recommendations to the amendments tabled to the first reading in plenary on [ffii:action:ipred2 IPRED2], the Directive on criminal measures aimed at ensuring the enforcement of intellectual property rights. The directive is scheduled for debate in Strasbourg on the evening of Monday 23 April, and for voting on Wednesday (item 121).

The name(s) of the Member of the European Parliament who has tabled an amendment is listed under Submitter in those cases the amendment is not a part of the JURI report. Translations of amendments into all EU member state languages should be available here.

A plus (or more than one) means we (strongly) recommend to vote in favour of the amendment, a minus that we recommend to vote against the amendment, and a zero that we recommend abstention. X means we have not yet had time to put the recommendation online and (...) means the outcome of the vote is not yet known. N/A means that MEPs don't vote on the Commission's original proposal.

Please note that the final order in which the amendments will be voted will be decided after the political groups have asked for splitting or merging amendments that overlap. There is also a possibility of last-minute "compromise" texts. Amendments may also be withdrawn. On our justifications page we explain our voting recommendations. You can also go there by clicking on the voting recommendations, e.g. on a -- ( a double minus). Then you come to the justification for voting against that amendment.

The results of the "roll call votes" (votes where is recorded who votes for what) are now also available. (see bottom right)

Legislative Proposal

Number

Submitter

Recommendation

Result

Text

43=44

Guidoni, Holm, Lichtenberger, Hammerstein

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Legislative_Proposal_43=44 +++]

- (unk-179)

The European Parliament rejects the Commission proposal.

Article 1, paragraph 1

Number

Submitter

Recommendation

Result

Text

Original

Commission

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_1_paragraph_1_com N/A]

(...)

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

45=63

Lichtenberger, Hammerstein, Guidoni, Holm

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_1_paragraph_1_45=63 ++]

-

This Directive lays down the criminal measures necessary to ensure the enforcement of copyrights and trademark rights, in so far these rights systems are harmonised in Community legislation.

8

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_1_paragraph_1_8 -]

+

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

Article 1, paragraph 2

Number

Submitter

Recommendation

Result

Text

Original

Commission

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_1_paragraph_2_com N/A]

(...)

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

9

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_1_paragraph_2_9 +]

+

These measures shall apply to intellectual property rights, other than patents, provided for in Community legislation.

Article 1, paragraph 2 a (new)

Number

Submitter

Recommendation

Result

Text

10

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_1_paragraph_2_a_(new)_10 +]

+

Industrial property rights under a patent shall be excluded from the provisions of this Directive.

Article 1, paragraph 2 b (new)

Number

Submitter

Recommendation

Result

Text

11

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_1_paragraph_2_b_(new)_11 +]

-

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

Article 2, title

Number

Submitter

Recommendation

Result

Text

Original

Commission

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_2_title_com N/A]

(...)

Definition

12

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_2_title_12 +]

+

Definitions

Article 2

Number

Submitter

Recommendation

Result

Text

Original

Commission

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_2_com N/A]

(...)

For the purposes of this Directive, “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.

46

Lichtenberger, Hammerstein

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_2_46 ++]

(...)

For the purposes of this Directive:

- (242-408)

(a) “intellectual property rights” means
- copyright,
- trademark rights.

- (270-372)

(b)For the purpose of this directive "on a commercial scale" means a large number of repeated infringements

- (159-465)

        committed in pursuit of a direct pecuniary gain,

 

excluding in particular any act carried out by a private person not intended to earn a profit.

- (223-406)

(c) “intentional infringement” of an intellectual property right means a deliberate, conscious and malicious infringement with regard to the existence of the infringed right.

- (217-419)

(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.

39=59

Zingaretti, Mayer, Guidoni, Holm

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_2_39=59 -]

For the purposes of this Directive:

+ (391-261)

(a) “intellectual property rights” means one or more of the following rights:

+ (494-51)

        - 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 [1], and in any event with the exclusion of patents;

+ (480-180)

(b) “infringements on a commercial scale” means any infringement of an intellectual property right committed to obtain a commercial advantage; this excludes acts carried out by private users for personal and not-for-profit purposes;

+ (449-208)

(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

+ (549-93)

(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.

[1] OJ L 196, 2.8.2003, p. 7.

13

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_2_13 -]

Cad.

For the purposes of this Directive:[[BR]]
(a) “intellectual property rights” means one or more of the following rights:
- copyright,
- rights related to copyright,
- the 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 [1], and in any event with the exclusion of patents;

(b) “infringements on a commercial scale” means any infringement of an intellectual property right committed to obtain a commercial advantage; this would exclude acts carried out by private users for personal and not-for-profit purposes;

(c) “intentional infringements of an intellectual property right” means deliberate and conscious any infringement of the right concerned for the purpose of obtaining an economic advantage on a commercial scale;

(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.

[1] OJ L 196, 2.8.2003, p. 7.

30

Bowles

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_2_30 -]

Cad.

For the purposes of this Directive:[[BR]]
(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 [1], and in any event with the exclusion of patents;

(b)
“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.

[1] OJ L 196, 2.8.2003, p. 7.

Article 2 b (new)

Number

Submitter

Recommendation

Result

Text

38

Zingaretti, Mayer

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_2_b_(new)_38 -]

+ (538-unk)

In particular, this Directive does not apply to any infringement of an intellectual property right related to:
- patent rights, utility models and plant variety rights, including rights derived from supplementary protection certificates;
- parallel importation of original goods from a third country which have been allowed by the rightholder.

Article 3

Number

Submitter

Recommendation

Result

Text

Original

Commission

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_3_com N/A]

(...)

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.

50=64

Lichtenberger, Hammerstein, Guidoni, Holm

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_3_50=64 ++]

- (234-339)

Member States shall ensure that the intentional infringement of an intellectual property right on a commercial scale is treated as a criminal offence.

31

Bowles, Cappato

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_3_31 +]

-

Member States shall ensure that all intentional infringements of an intellectual property right on a commercial scale, or wilfully and specifically aiding, abetting or inciting such infringements, are treated as criminal offences when there are aggravating circumstances of organised crime, counterfeiting, piracy or serious risk to health or safety.

14

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_3_14 -]

+

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

Article 3, paragraph 1 a (new)

Number

Submitter

Recommendation

Result

Text

15

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_3_paragraph_1_a_(new)_15 ++]

+

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

Article 3, paragraph 1 b (new)

Number

Submitter

Recommendation

Result

Text

51*

Lichtenberger, Hammerstein

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_3_paragraph_1_b_(new)_51 ++]

- (251-413)

Member States shall ensure that the use of a protected work that falls under a statutory exemption, 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, is not a crime..

16

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_3_paragraph_1_b_(new)_16 ++]

+ (617-unk)

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.

*) amendment 51 was originally numbered as Article 3, paragraph 1 a (new)

Article 3, paragraph 1 c (new)**

Number

Submitter

Recommendation

Result

Text

52**

Lichtenberger, Hammerstein

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_3_paragraph_1_c_(new)_52 ++]

-

For the purposes of this Directive, trademark infringement consists of the use of a sign which is identical with the trade mark in relation to goods or services which are identical with those for which the trade mark is registered.

**) amendment 52 was originally numbered as Article 3, paragraph 1 b (new)

Article 3, paragraph 1 d (new)***

Number

Submitter

Recommendation

Result

Text

53***

Lichtenberger, Hammerstein

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_3_paragraph_1_d_(new)_53 ++]

-

For the purposes of this Directive, infringement of other rights than trademark rights, consists of the identical or virtually identical reproduction of a protected work or product. This excludes the creation of derivate products or works.

***) amendment 53 was originally numbered as Article 3, paragraph 1 c (new)

Article 4, paragraph 1

Number

Submitter

Recommendation

Result

Text

Original

Commission

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_4_paragraph_1_com 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.

54=60

Lichtenberger, Hammerstein, Guidoni, Holm

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_4_paragraph_1_54=60 ++]

- (180-467)

1. For the offences referred to in Article 3, the Member States shall provide for effective, proportional and dissuasive penalties.

41

Zingaretti, Mayer

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_4_paragraph_1_41 -]

+ (416-210)

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) criminal fines for natural persons and criminal or non-criminal fines for legal persons;
ii) confiscation of the object, instruments and products stemming from infringements or of goods whose value corresponds to those products.

Article 4, paragraph 2, point (a)

Number

Submitter

Recommendation

Result

Text

Original

Commission

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_4_paragraph_2_a_com N/A]

(...)

(a) destruction of the goods infringing an intellectual property right;

17

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_4_paragraph_2_a_17 0]

+

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

amendment 54=60 deletes Article 4, paragraph 2, point (a)

Article 4, paragraph 2, point (b)

Number

Submitter

Recommendation

Result

Text

Original

Commission

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_4_paragraph_2_b_com N/A]

(...)

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

18

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_4_paragraph_2_b_18 -]

+

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

amendment 54=60 deletes Article 4, paragraph 2, point (b)

Article 4, paragraph 2, point (g a) (new)

Number

Submitter

Recommendation

Result

Text

19

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_4_paragraph_2_g_a_(new)_19 -]

+

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

Article 5, paragraph 1

Number

Submitter

Recommendation

Result

Text

Original

Commission

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_5_paragraph_1_com N/A]

(...)

1. 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 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.

55=65

Lichtenberger, Hammerstein, Holm, Pafilis

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_5_paragraph_1_55=65 ++]

-

deleted

20

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_5_paragraph_1_20 -]

+

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 where 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 [1] 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.

[1] OJ L 309, 25.11.2005, p. 15.

Article 5, paragraph 2, point (a)

Number

Submitter

Recommendation

Result

Text

Original

Commission

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_5_paragraph_2_a_com N/A]

(...)

(a) to a maximum of at least EUR 100 000 for cases other than the most serious cases;

21

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_5_paragraph_2_a_21 0]

+

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

amendment 55=65 deletes Article 5, paragraph 2

Article 5, paragraph 2 a (new)

Number

Submitter

Recommendation

Result

Text

22

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_5_paragraph_2_a_(new)_22 -]

+

2a. Member States shall take the necessary measures to ensure that repeated offences within the meaning of Article 3 committed 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 penalties in accordance with paragraphs 1 and 2 of this Article.

Article 6

Number

Submitter

Recommendation

Result

Text

Original

Commission

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_6_com N/A]

(...)

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 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.

23

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_6_23 X]

+

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 Council Framework Decision 2005/212/JHA of 24 February 2005 on Confiscation of Crime-Related Proceeds, Instrumentalities and Property [1], where the offences are serious crimes within the meaning of Article 3(5) of Directive 2005/60/EC 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.

[1] OJ L 68, 15.3.2005, p. 49.

Article 6 a (new)

Number

Submitter

Recommendation

Result

Text

61

Guidoni, Holm

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_6_a_(new)_61 ++]

- (123-541)

6a. 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 or to obtain via threats of criminal sanctions personal data in breach of individual or corporate privacy, in any form, and without seeking to bring criminal proceedings in cases of behaviour of doubtful objective economic significance for the victims.

24

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_6_a_(new)_24 ++]

+

Article 6a
Misuse of rights
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.

56

Lichtenberger, Hammerstein

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_6_a_(new)_56 ++]

Cad.

Article 6a
Member States shall ensure that through criminal, civil and procedural measures, the misuse of threats of criminal sanctions can be prohibited and subject to penalties.
Member States shall prohibit procedural misuse.

Article 6 b (new)

Number

Submitter

Recommendation

Result

Text

25

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_6_b_(new)_25 +]

+

Article 6b
Rights of defendants
Member States shall ensure that the rights of defendants are duly protected and guaranteed.

Article 7

Number

Submitter

Recommendation

Result

Text

Original

Commission

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_7_com N/A]

(...)

Joint investigation teams

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 into the offences referred to in Article 3.

57=62

Lichtenberger, Hammerstein, Guidoni, Holm

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_7_57=62 ++]

- (139-531)

deleted

32

Bowles, Cappato

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_7_32 -]

-

Cooperation with joint investigation teams

The Member States must ensure the cooperation of the holders of intellectual property rights with 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 [1].
Law enforcement agencies, magistrates or judges shall be free to choose whether the cooperation of the holders of intellectual property rights with joint investigation teams is required and to limit their involvement to appropriate activity. The law enforcement agencies, magistrates or judges shall decide to what extent results obtained by the joint investigation teams may, under the national rules governing criminal trials, be used in or adduced as evidence in such trials.
The Member States shall put in place adequate safeguards to ensure that such assistance does not compromise the rights of the accused person, for example by affecting the accuracy, integrity or impartiality of evidence.

[1] OJ L 162, 20.6.2002, p. 1.

26

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_7_26 -]

-

Cooperation with joint investigation teams

Member States must ensure the cooperation of the holders of intellectual property rights with joint investigation teams in accordance with the arrangements provided for in Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams [1].

[1] OJ L 162, 20.6.2002, p. 1.

Article 7, paragraph 1 a (new)

Number

Submitter

Recommendation

Result

Text

27

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_7_paragraph_1_a_(new)_27 +]

+

Member States shall put in place adequate safeguards to ensure that such cooperation does not compromise the rights of the accused person, for example by affecting the accuracy, integrity or impartiality of evidence.

Article 7, paragraph 1 b (new)

Number

Submitter

Recommendation

Result

Text

28

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_7_paragraph_1_b_(new)_28 +]

+

(1b) 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 [1] shall be fully respected in the course of investigations and judicial proceedings.

OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

Article 7 a (new)

Number

Submitter

Recommendation

Result

Text

29

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_7_a_(new)_29 -]

+

Article 7a
Right to receive information from law enforcement authorities
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 right-holder before a court of competent jurisdiction within the European Union, and, where practicable, that those authorities inform the right-holder concerned or his representative that they are in possession of such items or evidence. Member States may require that any such provision of evidence to the right-holder be made subject to reasonable access, security or other requirements so as to ensure the integrity of the evidence and to avoid prejudice to any criminal proceedings that may ensue.

Article 8

Number

Submitter

Recommendation

Result

Text

Original

Commission

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_8_com N/A]

(...)

Article 8
Initiation of criminal proceedings
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.

58

Lichtenberger, Hammerstein

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Article_8_58 +]

-

deleted

Recital 5

Number

Submitter

Recommendation

Result

Text

Original

Commission

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Recital_5_com N/A]

(...)

(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.

1

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Recital_5_1 -]

+

(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.

Recital 5 a (new)

Number

Submitter

Recommendation

Result

Text

34

Cappato

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Recital_5_a_(new)_34 0]

-

(5a) Before enacting new civil, criminal or administrative laws, national legislatures should verify whether the existing national and/or EU legislation already permits the attainment of the objective fixed by the present Directive.

Recital 6 a (new)

Number

Submitter

Recommendation

Result

Text

2

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Recital_6_a_(new)_2 0]

(...)

(6 a) In its resolution of 7 September 2006 on counterfeiting of medicinal products, the European Parliament took the view that the European Community 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.

Recital 7 a (new)

Number

Submitter

Recommendation

Result

Text

33

Bowles, Cappato

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Recital_7_a_(new)_33 +]

+

(7a) In respect of persons accused of committing the offences laid down in this Directive, and in establishing their intention to infringe the intellectual property right in question, account shall be taken of the extent to which the accused had, in advance of the infringement, substantial grounds to plead that the intellectual property right in question was invalid.

Recital 8

Number

Submitter

Recommendation

Result

Text

Original

Commission

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Recital_8_com N/A]

(...)

(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.

35

Bowles, Cappato

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Recital_8_35 -]

-

(8) Provisions must be laid down to facilitate criminal investigations. The Member States, if their law is objectively lacking, 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. Law enforcement agencies, magistrates or judges should be free to choose whether the cooperation of the holders of intellectual property rights with joint investigation teams is required and to limit their involvement to appropriate activity. The law enforcement agencies, magistrates or judges should decide to what extent results obtained by the joint investigation teams may, under the national rules governing criminal trials, be used in or adduced as evidence in such trials. The involvement of the holders of intellectual property rights concerned should constitute a supporting role that will not compromise the neutrality of the state investigations.

37

Zingaretti, Mayer

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Recital_8_37 -]

+

(8) Provisions must be laid down to facilitate criminal investigations. The Member States must ensure the cooperation of the holders of intellectual property rights with the joint investigation teams in accordance with the arrangements provided for in Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams [1]. The involvement of the holders of intellectual property rights concerned should constitute a supporting role that will not interfere with the neutrality of the state investigations.

[1] OJ L 62, 20.6.2002, p. 1.

3

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Recital_8_3 +]

Cad.

(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 involvement of the holders of intellectual property rights concerned should constitute a supporting role that will not compromise the neutrality of the state investigations.

Recital 9 a (new)

Number

Submitter

Recommendation

Result

Text

4

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Recital_9_a_(new)_4 +]

+

(9 a) The rights enshrined in the Charter of Fundamental Rights of the European Union should be fully respected when criminal acts and penalties are defined, during investigations and in the course of judicial proceedings.

Recital 10

Number

Submitter

Recommendation

Result

Text

Original

Commission

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Recital_10_com N/A]

(...)

(10) This Directive does not affect specific liability systems such as that laid down for Internet service providers in Articles 12 to 15 of Directive 2000/31/EC on electronic commerce.

5

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Recital_10_5 0]

+

(10) This Directive does not affect specific liability systems such as that laid down for Internet service providers by Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market [1].

[1] OJ L 178, 17.7.2000, p. 1.

Recital 10 a (new)

Number

Submitter

Recommendation

Result

Text

6

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Recital_10_a_(new)_6 +]

+

(10 a) This Directive does not affect specific liability systems such as that laid down by Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society [1].

[1] OJ L 167, 22.6.2001, p. 10.

Recital 12 a (new)

Number

Submitter

Recommendation

Result

Text

7

JURI

[ffii:action:ipred2/Plenary1_Tabled_Amendments/Justifications#Recital_12_a_(new)_7 -]

+

(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, 28.11.1998, p. 54.

ipred2/Plenary1 Tabled Amendments (last edited 2009-08-15 22:27:01 by localhost)

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