AM Com NonLegReport...Amendment 27 Tiemo Wölken, Ibán García Del Blanco Motion for a resolution...

AM\1234704EN.docx PE694.953v01-00

EN United in diversity EN

European Parliament2019-2024

Committee on Legal Affairs

2021/2007(INI)

24.6.2021

AMENDMENTS1 - 160Draft reportMarion Walsmann(PE693.593v01-00)

An intellectual property action plan to support the EU’s recovery and resilience (2021/2007(INI))

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AM_Com_NonLegReport

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Amendment 1Patrick Breyer

Motion for a resolutionCitation -1 (new)

Motion for a resolution Amendment

– having regard to the Commission communication of 25 November 2020 on a Pharmaceutical Strategy for Europe,

Or. en


Motion for a resolutionCitation -1 a (new)


– having regard to the Commission communication of 10 February 2020 on a European Strategy for Data,

Or. en

Amendment 3Ibán García Del Blanco, Marcos Ros Sempere, Brando Benifei

Motion for a resolutionCitation 2 a (new)


– having regard to the European Parliament resolution of 20 October 2020 on intellectual property rights for the development of artificial intelligence technologies (2020/2015(INI)),

Or. en

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Amendment 4Stéphane Séjourné, Marie-Pierre Vedrenne, Laurence Farreng, Stéphanie Yon-Courtin, Nicola Danti, Adrián Vázquez Lázara



– having regard to its resolution of 6 October 2015 with recommendations to the Commission on the possible extension of geographical indication protection of the European Union to non-agricultural products,1a

_________________1a Texts adopted, P8_TA(2015)0331.

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– having regard to its resolution of 10 July 2020 on the EU’s public health strategy post-COVID-19 (2020/2691(RSP)),

Or. en


Motion for a resolutionCitation 3 b (new)


– having regard to its resolution of 10 June 2021 on meeting the global

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COVID-19 challenge: effects of the waiver of the WTO TRIPS Agreement on COVID-19 vaccines, treatment, equipment and increasing production and manufacturing capacity in developing countries (2021/2692(RSP)),

Or. en

Amendment 7Emmanuel Maurel



– having regard to the Parliament’s 2021/2692 (RSP)Resolution on meeting the global COVID-19 challenge: effects of the waiver of the WTO TRIPS Agreement on COVID-19 vaccines, treatment, equipment and increasing production and manufacturing capacity in developing countries,

Or. en


Motion for a resolutionCitation 4


– having regard to the European Union Charter of Fundamental Rights, in particular Article 17 thereof,

– having regard to the European Union Charter of Fundamental Rights, in particular Article 17 paragraph 2 thereof,

Or. en

Amendment 9

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Emmanuel Maurel

Motion for a resolutionCitation 4


– having regard to the European Union Charter of Fundamental Rights, in particular Article 17 thereof,

– having regard to the European Union Charter of Fundamental Rights, in particular Article 8, 11 and 17 thereof,

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Amendment 10Ibán García Del Blanco, Cristina Maestre Martín De Almagro, Marcos Ros Sempere



– having regard to the 1995 WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement),

Or. es




– having regard to Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility,

Or. en

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Amendment 12Tiemo Wölken, Ibán García Del Blanco



– having regard to Regulation (EU) 2019/933 of the European Parliament and of the Council of 20 May 2019 amending Regulation (EC) No 469/2009 concerning the supplementary protection certificate for medicinal products,

Or. en




– having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market,

Or. en




– having regards to Directive 2004/27/EC of the European Parliament and of the Council of 31 March 2004 amending Directive 2001/83/EC on the

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Community code relating to medicinal products for human use,

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– having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market,

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– having regard to the 2009 Commission's Pharmaceutical Sector Inquiry Report,

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– having regard to the Council conclusions setting the EU's priorities for the fight against serious and organised crime for EMPACT 2022 - 2025,

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– having regard to the February 2021 join EPO-EUIPO firm-level analysis report on Intellectual property rights and firm performance in the European Union,

Or. en


Motion for a resolutionCitation 10 c (new)


– having regard to the in-depth analysis 'Standard Essential Patents and the Internet of Things' of January 2019 (PE 608.854),

Or. en


Motion for a resolutionRecital A

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A. whereas strong protection and enforcement of intellectual property rights (IPR), which play a huge role in the European economy, are essential;

A. whereas a balanced protection and enforcement of intellectual property rights (IPR), are essential to the European economy as well as to EU’s recovery and resilience;

Or. en


Motion for a resolutionRecital A


A. whereas strong protection and enforcement of intellectual property rights (IPR), which play a huge role in the European economy, are essential;

A. whereas strong protection and enforcement of intellectual property rights (IPR), which play a very important role in the European economy, are essential;

Or. en


Motion for a resolutionRecital A a (new)


Aa. whereas investments in intangibles were significantly less affected by the 2008 economic crisis, thereby showing the potential of IP assets in creating economic stability and growth that allows for more secure and stable jobs;

Or. en

Amendment 23

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Ibán García Del Blanco, Marcos Ros Sempere, Brando Benifei

Motion for a resolutionRecital A b (new)


Ab. whereas studies show that SMEs using IPRs grow faster and are more resilient to economic downturns and therefore they offer a more secure and stable labour market in IP-related sectors; whereas this points to a positive correlation between IPR ownership and quality and stability of employment, thus justifying the call for companies to ensure the increase in revenue per employee made possible by IPR ownership is reflected in the working conditions afforded to workers, including, but not only, when it comes to wages;

Or. en


Motion for a resolutionRecital B


B. whereas knowledge-intensive industries are source of growth and prosperity; whereas between 2012 and 2016 they generated almost 30 % of all jobs and almost 45 % of total economic activity (GDP) in the EU, as shown in the 2019 industry-level analysis report by the European Patent Office (EPO) and the EU Intellectual Property Office (EUIPO)8 ;

B. whereas knowledge-intensive industries are source of growth; whereas between 2012 and 2016 they generated almost 30 % of all jobs and almost 45 % of total economic activity (GDP) in the EU, as shown in the 2019 industry-level analysis report by the European Patent Office (EPO) and the EU Intellectual Property Office (EUIPO)8 ;

_________________ _________________8 EPO-EUIPO, IPR-intensive industries and economic performances in the EU: Industry-level analysis report, third edition, September 2019.

8 EPO-EUIPO, IPR-intensive industries and economic performances in the EU: Industry-level analysis report, third edition, September 2019.

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Or. en

Amendment 25Daniel Buda

Motion for a resolutionRecital B a (new)


Ba. Whereas the development and progress of knowledge-based industries depends to a significant extent on the rules governing intellectual property rights (IPR), namely on ensuring effective protection through uniform legislation on patents, trademarks, designs, copyright and related rights, geographical indications and plant variety protection, as well as through appropriate and harmonised application of the rules on the protection of trade secrets,

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Ba. whereas IPRs-intensive industries offer better quality job positions, with better working conditions and remuneration; whereas, on average, employees in companies with high added value in relation to IP rights get paid around 20% more; whereas the detailed analysis on SMEs shows that, although only 9% of SMEs rely on IP rights, they generate up to 68% higher income per employee and wages paid by IPR owners are on average 19.3% higher than those

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paid by firms that do not own IPRs, especially in the case of patents;

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Ba. whereas the Bolar exemption allows the development of generic and biosimilar medicinal products for regulatory approvals during the IP protection of the reference product in order to ensure market entry and free competition as soon as possible after the IP expiry;

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Amendment 28Marion Walsmann, Angelika Niebler, Daniel Buda



Ba. whereas intellectual property is a fundamental right according to Article 17 of the European Union Charter of Fundamental Rights;

Or. en


Motion for a resolution

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Recital B b (new)


Bb. whereas these facts also point to the importance of incentivising and helping SMEs protect and own their IPRs, namely by making sure that procedures are clear and simplified, since a higher number of successful SMEs directly results in a higher number of jobs available;

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Motion for a resolutionRecital B c (new)


Bc. whereas European innovators are frontrunners in green technologies, holding a major portion of green patents and having strong IP portfolios in technologies such as climate change adaptation, carbon capture and storage, water and waste treatment;

Or. en


Motion for a resolutionRecital B d (new)


Bd. whereas, as noted by the Commission in its Communication, the development of a flourishing health ecosystem in Europe requires a

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transparent system of IP incentives, boosting innovation whilst ensuring effective access to affordable medicines;

Or. en


Motion for a resolutionRecital B e (new)


Be. whereas there is a need to promote the valorisation and deployment of research and development in Europe as exemplified by the fact that in the field of AI only a minority of patent applicants worldwide are European even though a significant percentage of high-value publications on AI come from Europe;

Or. en


Motion for a resolutionRecital B f (new)


Bf. whereas IPR-intensive industries account for 93% of total EU exports of goods to the rest of the world;

Or. en



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Recital B g (new)


Bg. whereas the COVID-19 pandemic has shown the geo-political importance of IP protection policies;

Or. en


Motion for a resolutionParagraph 1


1. Supports the Commission in the implementation of its intellectual property action plan of November 2020, as strong, robust IPR protection at national, European and international level which enables return on investment is particularly important for the economic recovery from COVID-19 as well as the creation of a digital and globally competitive sustainable economy in Europe;

1. Supports the Commission in the implementation of its intellectual property action plan of November 2020, as strong, robust IPR protection at national, European and international level which enables return on investment is particularly important for the economic and social recovery from COVID-19 as well as the creation of a digital and globally competitive sustainable economy in Europe where innovation also serves the purpose of contributing to the common good of society;

Or. en




1. Supports the Commission in the implementation of its intellectual property action plan of November 2020, as strong,

1. Supports the Commission in pursuing the aims of its intellectual property action plan of November 2020, as

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robust IPR protection at national, European and international level which enables return on investment is particularly important for the economic recovery from COVID-19 as well as the creation of a digital and globally competitive sustainable economy in Europe;

strong, robust and balanced IPR protection at national, European and international level, which enables the green and digital transition, as well as return on investment, is particularly important for the social and economic recovery and resilience from COVID-19 as well as for the creation of a digital and globally competitive sustainable economy in Europe;

Or. en




1. Supports the Commission in the implementation of its intellectual property action plan of November 2020, as strong, robust IPR protection at national, European and international level which enables return on investment is particularly important for the economic recovery from COVID-19 as well as the creation of a digital and globally competitive sustainable economy in Europe;

1. Supports the Commission in the implementation of its intellectual property action plan of November 2020, as strong, robust IPR protection at national, European and international level which enables return on investment is particularly important for the economic recovery from COVID-19, to ensure legal certainty, as well as the creation of a digital and globally competitive sustainable economy in Europe;

Or. ro




1. Supports the Commission in the implementation of its intellectual property action plan of November 2020, as strong,

1. Acknowledges the Commission in the implementation of its intellectual property action plan of November 2020, as

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robust IPR protection at national, European and international level which enables return on investment is particularly important for the economic recovery from COVID-19 as well as the creation of a digital and globally competitive sustainable economy in Europe;

strong, robust IPR protection at national, European and international level which enables return on investment is particularly important for the economic recovery from COVID-19 as well as the creation of a digital and globally competitive sustainable economy and respect for the GDPR in Europe;

Or. en


Motion for a resolutionParagraph 1 a (new)


1a. Acknowledges that IPRs protection encourages the creative, inventive and innovative activity, hence providing for the largest number of people the benefit of such activity; notes that such activity requires the recognition of the creators, namely, the inventors, innovators and authors, and makes it possible for them to obtain a compensation for their creative endeavours; champions the right of the creator, whether it be an individual or a legal entity, to prevent others from benefiting from the exploitation of creations without consent and without compensation to the creator; reminds that failure to do so encourages counterfeiting and piracy;

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Amendment 40Stéphane Séjourné, Adrián Vázquez Lázara


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1a. Calls on the Commission to continue supporting the ability of European companies to innovate on the basis of a comprehensive intellectual property regime, in order to maintain effective protection for their R&D investments, to secure fair returns through licensing and, at the same time, to continue developing open technology standards that support competition and choice as well as the participation of EU industry in the development of key technologies at global level;

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1a. Stresses that the preparation for the next global crisis urges decision and policy making to bring solutions allowing long-term resilience in society, in particular to design an industrial ecosystem in the IP sector where the balance between the different interests at stake is duly considered in the light of the circumstances, in order for the EU to be able to respond to crisis in an agile way;

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Motion for a resolutionParagraph 1 b (new)

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1b. Recalls that the Regulation establishing the Recovery and Resilience Facility calls for investments in digital technologies to respect the principles of interoperability, energy efficiency and personal data protection, allow for the participation of SMEs and start-ups, and promote the use of open-source solutions; is of the opinion that the whole IP system should be directed in this objective;

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Motion for a resolutionSubheading 2


SMEs Easier access to and sharing of IP-protected assets for SMEs and for the public interest

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2. Highlights that IPRs have many benefits for small and medium-sized enterprises (SMEs), since SMEs that own IPRs have 68 % higher revenue per employee compared to SMEs that do not; is therefore concerned that only approximately 9 % of SMEs own IPRs; welcomes, therefore, the IP vouchers, the

2. Highlights that IPRs have many benefits for small and medium-sized enterprises (SMEs); underlines that IPRs-intensive industries offer better quality job positions, with better working conditions and higher remuneration; notes that SMEs that own IPRs generate up to 68% higher revenue per employee and wages

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IP-Scan and other initiatives of the Commission and the EUIPO to help SMEs make the most of their intellectual property (IP) assets;

paid are 20% higher compared to SMEs that do not; is therefore concerned that only approximately 9 % of SMEs own IPRs; welcomes, therefore, the IP vouchers, the IP-Scan and other initiatives of the Commission and the EUIPO to help SMEs make the most of their intellectual property (IP) and asks the Commission to consider to launch similar initiatives for all kind of intellectual property (IP) assets;

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2. Highlights that IPRs have many benefits for small and medium-sized enterprises (SMEs), since SMEs that own IPRs have 68 % higher revenue per employee compared to SMEs that do not; is therefore concerned that only approximately 9 % of SMEs own IPRs; welcomes, therefore, the IP vouchers, the IP-Scan and other initiatives of the Commission and the EUIPO to help SMEs make the most of their intellectual property (IP) assets;

2. Highlights that IPRs have many benefits for small and medium-sized enterprises (SMEs); is therefore concerned that many SMEs have difficulties to determine their own IP strategy and to manage their IPRs; welcomes, therefore, the IP vouchers, the IP-Scan and other initiatives of the Commission and the EUIPO to help SMEs make the most of their intellectual property (IP) assets;

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2a. Notes that SMEs are not

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sufficiently aware of the implications and importance of IPR registrations for increasing market success, as EUIPO’s IP rating tables for SMEs show that, between 2016 and 2019, the percentage of lack of knowledge among SMEs increased from 25 % to 38 %; in this context, calls on the European Commission and EUIPO to identify measures to promote the benefits that registration of intellectual property rights has on the development of SMEs’ activities;

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3. Is convinced that support for SMEs, including financial and non-financial measures, is the right way to provide them with better access to IPRs and that the Union’s financial instruments are of the utmost importance in this context; calls on the Commission and the EUIPO, therefore, to continue implementing IP management support measures for SMEs in the context of the economic recovery, including the provision of one-stop shop access to information and related services and advice about IP;

3. Is convinced that support for SMEs, including financial and non-financial measures, is the right way to provide them with better access to IPRs and that the Union’s financial instruments are of the utmost importance in this context; calls on the Commission and the EUIPO, therefore, to continue implementing IP management support measures for SMEs in the context of the economic recovery, including the provision of one-stop shop access to information and related services and advice about IP; stresses that this support will help to leverage and promote all national and regional initiatives of members of the European Union Intellectual Property Network (EUIPN);

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3. Is convinced that support for SMEs, including financial and non-financial measures, is the right way to provide them with better access to IPRs and that the Union’s financial and legal instruments are of the utmost importance in this context; calls on the Commission and the EUIPO, therefore, to continue implementing IP management support measures for SMEs, microenterprises and NGOs in the context of the economic recovery, including the provision of one-stop shop access to information and related services and advice about IP;

Or. en





3. Is convinced that support for SMEs, including financial and non-financial measures, is the right way to provide them with better knowledge and facilitate their access to IPRs and that the Union’s financial instruments are of the utmost importance in this context; calls on the Commission and the EUIPO, therefore, to continue implementing IP management support measures for SMEs in the context of the economic recovery, including the provision of one-stop shop access to information and related services and advice about IP;

Or. en

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3a. Supports the voluntary pooling and licensing of IP, as well as all legal incentives enabling innovative R&D projects, in terms of allowing maximum sharing of critical IP-related knowledge and data to incentivise the rapid pooling of IPR in times of crisis; reiterates the call from the Parliament in its resolution of 10 June 2021 to revisit the global framework for IPRs for future pandemics, and to support for proactive, constructive and text-based negotiations for a temporary waiver of the WTO TRIPS Agreement, aiming to enhance global access to affordable COVID-19-related medical products and to address global production constraints and supply shortages;

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3a. Welcomes the announced European IP Information Centre as one of many measures to ensure that Europe capitalises further on the value of the knowledge our companies constantly create, develop and share and that they are equipped with the necessary tools and information or manage such assets more actively; this is furthermore shown by the

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fact that few European SMEs benefit from their IP when trying to get access to finance even though intangibles are some of the most valuable assets;

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3a. Stresses that Utility models are fast and low-cost protection for technical inventions and are very attractive for SMEs; encourages therefore the Member States that are not yet offering this tool, to establish it and calls the Commission to consider the possibility to introduce the missing EU level utility model protection;

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3b. Stresses the importance to remove all unnecessary barriers, especially in the case of health crisis, to enable researchers to find scientific solutions under exceptional time and efficiency constraints; highlights in this respect the central role of limitations and exceptions to exclusive rights, notably text and data mining, to further unlock research and public contribution towards European dynamic innovation and robust data

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spaces;

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Motion for a resolutionParagraph 3 c (new)


3c. Emphasises the need for a high degree of transparency for public funding and investments on IP driven innovation, especially in the pharmaceutical sector, notably in the aim to reinforce the public trust in science, therefore contributing to EU’s recovery and resilience;

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Motion for a resolutionParagraph 3 d (new)


3d. Welcomes the Commission’s announcement to facilitate data access and use, while safeguarding legitimate interests, via clarification of certain key provisions of the Trade Secrets Directive and a review of the Database Directive;

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Paragraph 4


4. Stresses that the Unitary Patent package (UPP), which includes the European patent with unitary effect (unitary patent) and the Unified Patent Court (UPC), will make patent protection and dispute settlement across Europe less complex, less costly and more efficient; asks the participating Member States which have not yet done so, therefore, to conclude the ratification of the Agreement on a Unified Patent Court (UPCA), as well as the Protocol to the UPCA on provisional application (PPA), as soon as possible, or by other means to declare that they are bound to the PPA in order to allow for a rapid entry into operation of the UPP;

4. Stresses that the Unitary Patent package (UPP), which includes the European patent with unitary effect (unitary patent) and the Unified Patent Court (UPC), is meant to make patent protection and dispute settlement across Europe less complex, less costly and more efficient;

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4. Stresses that the Unitary Patent package (UPP), which includes the European patent with unitary effect (unitary patent) and the Unified Patent Court (UPC), will make patent protection and dispute settlement across Europe less complex, less costly and more efficient; asks the participating Member States which have not yet done so, therefore, to conclude the ratification of the Agreement on a Unified Patent Court (UPCA), as well as the Protocol to the UPCA on provisional application (PPA), as soon as possible, or by other means to declare that they are bound to the PPA in order to allow for a

4. Stresses that the Unitary Patent package (UPP), which includes the European patent with unitary effect (unitary patent) and the Unified Patent Court (UPC), will make patent protection more efficient, as well as dispute settlement across Europe less complex, by avoiding the launch of parallel procedures in Member States, less costly, by reducing legal costs, and more efficient, thereby enhancing legal certainty; asks the participating Member States which have not yet done so, therefore, to conclude the ratification of the Agreement on a Unified Patent Court (UPCA), as well as

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rapid entry into operation of the UPP; the Protocol to the UPCA on provisional application (PPA), as soon as possible, or by other means to declare that they are bound to the PPA in order to allow for a rapid entry into operation of the UPP;

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4. Stresses that the Unitary Patent package (UPP), which includes the European patent with unitary effect (unitary patent) and the Unified Patent Court (UPC), will make patent protection and dispute settlement across Europe less complex, less costly and more efficient; asks the participating Member States which have not yet done so, therefore, to conclude the ratification of the Agreement on a Unified Patent Court (UPCA), as well as the Protocol to the UPCA on provisional application (PPA), as soon as possible, or by other means to declare that they are bound to the PPA in order to allow for a rapid entry into operation of the UPP;

4. Stresses that the Unitary Patent package (UPP) initiative, which includes the European patent with unitary effect (unitary patent) and the Unified Patent Court (UPC), will potentially make patent protection and dispute settlement across Europe comprehensible, less costly and more efficient; invites the participating Member States which have not yet done so, therefore, to move forward on the ratification of the Agreement on a Unified Patent Court (UPCA), as well as the Protocol to the UPCA on provisional application (PPA);

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4. Stresses that the Unitary Patent package (UPP), which includes the

4. Stresses that the Unitary Patent package (UPP), which includes the

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European patent with unitary effect (unitary patent) and the Unified Patent Court (UPC), will make patent protection and dispute settlement across Europe less complex, less costly and more efficient; asks the participating Member States which have not yet done so, therefore, to conclude the ratification of the Agreement on a Unified Patent Court (UPCA), as well as the Protocol to the UPCA on provisional application (PPA), as soon as possible, or by other means to declare that they are bound to the PPA in order to allow for a rapid entry into operation of the UPP;

European patent with unitary effect (unitary patent) and the Unified Patent Court (UPC), will make patent protection and dispute settlement across Europe less complex, less costly and more accessible; asks the participating Member States which have not yet done so, therefore, to conclude the ratification of the Agreement on a Unified Patent Court (UPCA), as well as the Protocol to the UPCA on provisional application (PPA), as soon as possible, or by other means to declare that they are bound to the PPA in order to allow for a rapid entry into operation of the UPP;

Or. en




5. Encourages the Member States that are not yet participating in enhanced cooperation for the creation of unitary patent protection and/or have not yet acceded to the UPCA, to do so;

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Or. en




5. Encourages the Member States that are not yet participating in enhanced cooperation for the creation of unitary patent protection and/or have not yet

5. Encourages the Member States that are not yet participating in enhanced cooperation for the creation of unitary patent protection and/or have not yet

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acceded to the UPCA, to do so; acceded to the UPCA, to continue their process towards full participation;

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5a. Notes that the number of national patent filings is higher than the number of European patent filings in the majority of the Member States; asks the Commission to evaluate the cost related to the European patent filings and its protection, in particular for SMEs;

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6. Welcomes the one-stop-shop alternative dispute resolution system to be established under Article 35 of the UPCA; asks the Member States to enable the quick roll-out of the patent arbitration and mediation centre and calls on the Commission to assess whether the centre could, in the long term, deal with all IP disputes;

6. Welcomes the one-stop-shop alternative dispute resolution system to be established under Article 35 of the UPCA; asks the Member States to enable the quick roll-out of the patent arbitration and mediation centre with the concern to allow the parties to still have contact points in their country of residence so that their right for access to justice is not undermined, and calls on the Commission to assess whether the centre could, in the long term, deal with all IP disputes;

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Amendment 64Gilles Lebreton, Gunnar Beck, Jean-Paul Garraud




6. Asks the Member States to enable the quick roll-out of the patent arbitration and mediation centre and calls on the Commission to assess whether the centre could, in the long term, deal with all IP disputes;

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6. Welcomes the one-stop-shop alternative dispute resolution system to be established under Article 35 of the UPCA; asks the Member States to enable the quick roll-out of the patent arbitration and mediation centre and calls on the Commission to assess the mid and long-term competencies of the centre;

Or. en


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6a. Strongly recommends a comprehensive analysis and revision of the preliminary impact assessments on the effectiveness of the UPC, namely to SMEs, before the Court enters into operation, to thoroughly evaluate the affordability of the litigation costs, in particular its repercussions to the sustainability of SMEs;

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6a. Recalls that innovative SMEs benefit from a consistent European patent system, and underlines that the Unified Patent Court Agreement (UPCA) and its Rules of Procedure represent a carefully balanced solution reflecting the Union's fundamental principles of proportionality, flexibility, fairness and equity;

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6a. Welcomes the effort of the

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Member States to find appropriate solutions to deal with the effects deriving from the Brexit and to determine a possible new seat for the section of the UPC that has been foreseen for London, without delaying the launch of the UPC;

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7. Stresses that the supplementary protection certificate (SPC) regime within the EU, while of great practical relevance, suffers from fragmented implementation across the Member States;

7. Stresses that the supplementary protection certificate (SPC) regime within the EU, while of great practical relevance, suffers from fragmented implementation across the Member States; urges the Commission to issue guidelines for the Member States and address this fragmentation, including by legislative proposals;

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7. Stresses that the supplementary protection certificate (SPC) regime within the EU, while of great practical relevance, suffers from fragmented implementation across the Member States;

7. Stresses that the supplementary protection certificate (SPC) regime within the EU is of great practical relevance;

Or. fr

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8. Acknowledges that the UPP does not provide for a unitary SPC title and calls on the Member States to support the establishment of such a title as a logical extension of unitary patent protection;

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8. Acknowledges that the UPP does not provide for a unitary SPC title and calls on the Member States to support the establishment of such a title as a logical extension of unitary patent protection;

8. Acknowledges that the UPP does not provide for a unitary SPC title;

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8a. Calls on the Commission to thoroughly evaluate the actual impact that a proposal for a unitary SPC would have on the generic and biosimilar medicines

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market entry, and on equitable patient access to treatments; at the same time calls on the Commission to take full account of and assess the effective implementation of the SPC Manufacturing Waiver in light of the conditions and limitations to it, especially in regards to stockpiling;

Or. en




9. Asks the Commission, in the absence of a unitary SPC title, to ensure coherence between the upcoming Unitary Patent and current SPC regimes within the EU by clarifying that national SPCs may be granted by national patent offices on the basis of a Unitary Patent;

deleted

Or. en




9a. Prompts the Commission to proceed to an early evaluation of Regulation (EU) 2019/933 concerning the supplementary protection certificate (SPC) for medicinal products, so that the effectiveness of the SPC waiver can be reviewed in the light of the recent exceptional circumstances, and in the

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light of the aim to restore a global level playing field for makers of generics and biosimilars in the Union; such evaluation should also study the impact of the exception of SPC protection on research and production of innovative medicines in the Union by certificate holders and consider the balance between the different interests at stake, in particular as regards public health, public expenditure and, in this context, access to medicines within the Union;

Or. en




9a. Points out that the introduction of a unitary SPC title could even be foreseen before the entry into force of the Unitary Patent and suggests therefore to the Member States to extend the mandate of the EPO, so that they can carry out the examination of SPC applications on the basis of unified rules, including suspensory condition depending on the formal decision at national level;

Or. en




9a. Underlines that inefficiencies and

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lack of transparency and predictability hamper innovators and producers to the ultimate detriment of patients;

Or. en

Amendment 78Ibán García Del Blanco, Tiemo Wölken, Marcos Ros Sempere, Brando Benifei



9b. Recalls the importance of ensuring the highest quality of the European Patent Office (EPO) patent granting process and the removal of the abuses of divisional patent applications together with a clear political accountability of the EPO, as vital for the credibility of the European IP system; asks the Commission to address the issue of abuses of the divisional patent applications at EPO;

Or. en




9c. Recalls that innovation should match the most urgent needs of society and that supply of medicines, including generics and biosimilars, should be promoted in this context, as well as affordability and swift availability;

Or. en

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10. Acknowledges that information on the existence, scope and relevance of standard essential patents (SEPs) is important for fair licensing negotiations allowing the potential user of standards to identify the scale of their exposure to SEPs and possible licensors; notes that although good faith negotiations between willing parties occur in most cases, SEPs are often litigated;

10. Acknowledges that information on the existence, scope and relevance of standard essential patents (SEPs) is important for fair licensing negotiations allowing the potential user of standards to identify the scale of their exposure to SEPs and possible licensors; notes that although good faith negotiations between willing parties occur in most cases, SEPs are often litigated; suggests to the Commission that it looks into possible incentives for negotiation that avoid litigation as it would avoid the inherent dispute costs and reduce other related problems;

Or. en




11. Stresses that many patent applications declared in standard development organisations during the standard setting process as potentially essential may eventually not be essential to the standard as finally adopted or after the granting of the patent, and that an appropriate scrutiny mechanism would enhance transparency and increase legal certainty; welcomes in this regard the pilot study for essentiality assessment of SEPs9 ;

11. Stresses that many patent applications declared in standard development organisations during the standard setting process as potentially essential may eventually not be essential to the standard as finally adopted or after the granting of the patent, and that an appropriate scrutiny mechanism would enhance transparency and increase legal certainty; welcomes in this regard the pilot study for essentiality assessment of SEPs9 ; acknowledges that such essentiality

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assessment should be truly independent and transparent on determining whether a declared SEP is essential or not;

_________________ _________________9 European Commission Joint Research Centre, Pilot study for Essentiality Assessment of Standard Essential Patents, 2020.

9 European Commission Joint Research Centre, Pilot study for Essentiality Assessment of Standard Essential Patents, 2020.

Or. en




12. Asks the Commission to further investigate, together with the relevant stakeholders, the requirements for an independent system of third-party essentiality checks by identifying the demand for, assessing the impact of and defining the role that resources such as emerging technologies like AI and/or technical expertise contributed by the EPO could play in that context, and to use the knowledge gained as input for the legislative initiative on SEP envisaged for the beginning of 2022;

12. Asks the Commission to carefully consider, together with the relevant stakeholders, the requirements for an independent, neutral and transparent system of third-party essentiality checks by identifying the demand for, assessing the impact of and defining the role that resources such as emerging technologies like AI and related technologies and/or technical expertise contributed by the EPO could play in that context, and to use the knowledge gained as input to any future legislative initiative; underlines that any proposed system of essentiality must be subject to judicial review and be without prejudice to the rights of the parties to access the courts to adjudicate on disputes;

Or. en



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Paragraph 12



12. Asks the Commission to further investigate, together with the relevant stakeholders, the requirements for an independent system of third-party essentiality checks by identifying the demand for, assessing the impact of and defining the role that resources such as emerging technologies like AI and/or technical expertise contributed by the EPO could play in that context, and to use the knowledge gained as input for the legislative initiative on SEP envisaged for the beginning of 2022 based on appropriate impact assessments;

Or. en





12. Asks the Commission to further investigate, together with the relevant stakeholders, including civil society actors, the requirements for an independent system of third-party essentiality checks by identifying the demand for, assessing the impact of and defining the role that resources such as emerging technologies like AI and/or technical expertise contributed by the EPO could play in that context, and to use the knowledge gained as input for the legislative initiative on SEP envisaged for the beginning of 2022;

Or. en

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13. Acknowledges the importance of a balanced licensing system for SEPs and insists on the importance of stable, efficient and fair rules in that regard; underlines that ‘fair, reasonable and non-discriminatory terms’ (FRAND) are vague legal terms that include legal uncertainty and calls on the Commission to monitor industry developments and provide more clarity on various aspects of FRAND, including through designating an observatory (a competence centre) to that effect, and to publish annual reports evidencing actual cases of non-compliance with FRAND and so-called patent ‘hold-up’ and patent ‘hold-out’;

13. Acknowledges the importance of a balanced licensing system for SEPs and insists on the importance of stable, levelled, efficient and fair rules in that regard; recalls the European Parliament's previous call for the Commission to publish biannual reports evidencing actual cases of unlicensed SEP use and issues regarding access to standards due to systematic non-compliance with ‘fair, reasonable and non-discriminatory terms’ (FRAND) commitments; calls on the Commission to provide more clarity on various aspects of FRAND, as well as case law on the topic, especially for SMEs utilising standardised technology for the first time, including through designating an observatory (a competence centre) to that effect, and to publish annual reports evidencing actual cases of non-compliance with FRAND and so-called patent ‘hold-up’ and patent ‘hold-out’;

Or. en




13. Acknowledges the importance of a balanced licensing system for SEPs and insists on the importance of stable, efficient and fair rules in that regard; underlines that ‘fair, reasonable and non-discriminatory terms’ (FRAND) are vague legal terms that

13. Acknowledges the importance of a balanced licensing system for SEPs and insists on the importance of stable, efficient and fair rules in that regard; underlines that ‘fair, reasonable and non-discriminatory terms’ (FRAND) are vague legal terms that

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include legal uncertainty and calls on the Commission to monitor industry developments and provide more clarity on various aspects of FRAND, including through designating an observatory (a competence centre) to that effect, and to publish annual reports evidencing actual cases of non-compliance with FRAND and so-called patent ‘hold-up’ and patent ‘hold-out’;

include legal uncertainty and calls on the Commission to monitor industry developments and provide more clarity on various aspects of FRAND and to publish annual reports evidencing actual cases of non-compliance with FRAND and so-called patent ‘hold-up’ and patent ‘hold-out’;

Or. en

Amendment 87Raffaele Stancanelli



13a. Calls on the Commission to continue monitoring the conduct of foreign companies in international standardisation bodies which, together with recent decisions by foreign courts, places European companies at a significant disadvantage by undermining the competitiveness of the European market.

Or. it




13a. Highlights that the question if SEP holder may choose the level of licensing in a supply chain is not clarified yet and therefore asks the Commission to

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cooperate with the relevant stakeholders in order to find an approach on this issue and to address it in its legislative initiative on SEPs;

Or. en




13a. Highlights the value of existing industry-led voluntary initiatives to facilitate SEP licensing for the Internet of Things, such as licensing pools, which bring together the vast majority of European and international cellular technology developers;

Or. en




13a. Highlights the value of existing industry-led voluntary initiatives to facilitate SEP licensing for the Internet of Things, such as licensing pools, which bring together the vast majority of European and international technology developers;

Or. en

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13b. Emphasises the importance of increasing the transparency of SDO databases and calls on SDOs to update their declaration system and databases; highlights in this context Article 9(1) lit.c of EU Regulation 1257/2012 which provides that the EPO is given the task of receiving and registering licensing commitments undertaken by the proprietor of a Unitary Patent in international standardisation bodies;

Or. en




13b. Notes the importance of transparency and the need to proactively provide necessary information upfront while licensing standard-essential patents on FRAND terms, in a way to ensure a fair outcome of good faith negotiations between parties;

Or. en


Motion for a resolutionParagraph -14 a (new)

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-14a. Welcomes the initiatives and the actions towards strengthening, modernising, streamlining and better enforcing the system for geographical indications (GI) for agricultural products, food, wines and spirits to make it more precise and effective; notes that their implementation would contribute to creating and protecting quality jobs, to the promotion of social, environmental and economic sustainability of the rural areas, and to fostering the European cultural diversity;

Or. en




-14a. Believes that the recognition of GIs for non-agricultural products is relevant to the priorities of EU programmes being developed, including those of the Industrial Strategy, with the development of short supply chains, as well as the Green Deal by fostering locally-made products with greater traceability and transparency on the origin of the product and manufacturing processes deployed;

Or. en


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14. Supports the Commission in its initiative to establish EU sui generis protection of geographical indications (GIs) for non-agricultural products in order to align to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, which includes the possibility to protect GIs for both agricultural and non-agricultural products;

14. Supports the Commission in its initiative to establish sui generis protection of geographical indications for non-agricultural products, in order to align with the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), which sets out that geographical indications are those which identify a product as originating in the territory of a Member or a region or locality in that territory, where a given quality, reputation or other characteristic of the product is essentially attributable to its geographical origin; and the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, which includes the possibility to protect GIs for both agricultural and non-agricultural products;

Or. es





14. Supports the Commission in its initiative to establish EU sui generis protection of geographical indications (GIs) for non-agricultural products in order to align to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, which the EU has signed and which includes the possibility to protect GIs for both agricultural and non-agricultural products; expects the Commission to propose

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legislation in this regard as soon as possible and at the end of 2021 at the latest;

Or. en





14. Supports the Commission in its initiative to consider the feasibility of establishing an efficient and transparent EU sui generis protection of geographical indications (GIs) for non-agricultural products, on the basis of a thorough impact assessment of its potential costs and benefits, in order to align to the Geneva Act of the Lisbon Agreement on Appellations of Origin and Geographical Indications, which includes the possibility to protect GIs for both agricultural and non-agricultural products;

Or. en




14a. Emphasizes that the introduction of an EU sui generis protection system of geographical indications for non-agricultural products will have a positive economic impact on microenterprises and SMEs, as well as a general impact on

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employment, development and tourism in rural areas, which could in particular help the EU’s recovery after the COVID-19 crisis; believes that such sui generis protection of non-agricultural GIs would also facilitate access to third country markets through EU trade agreements;

Or. en




14a. Stresses that, at least from the point of view of non-agricultural products, a harmonised system would bring benefits both for consumers, in terms of facilitating knowledge of the authenticity indications of products, and for producers, in terms of encouraging competitiveness and accelerating development, particularly in less developed regions;

Or. ro




14a. Considers that such EU sui generis protection must envisage necessary safeguards, including effective and transparent application and opposition mechanisms;

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Or. en




15. Takes note that some Member States have already established national sui generis protection systems for GIs for non-agricultural products, creating fragmentation, and that protection at Union level would bring the necessary legal certainty to all players;

15. Takes note that some Member States have already established national sui generis protection systems for GIs for non-agricultural products, owing to the lack of a harmonised protection system, leading to fragmentation on the market place and legal uncertainty, also generating impacts to the detriment of producers; takes the view that harmonised protection at Union level would bring the necessary legal certainty to all players;

Or. ro





15. Takes note that some Member States have already established national protection systems for GIs for non-agricultural products, creating fragmentation, and that protection at Union level would bring the necessary legal certainty to all players along with guaranteed prevention of intellectual property rights violations concerning manufactured and artisanal products;

Or. es

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15. Takes note that some Member States have already established national sui generis protection systems for GIs for non-agricultural products, creating fragmentation, and that protection at Union level would bring the necessary legal certainty to all players, so that the EU can strengthen its interests at international level;

Or. en




15a. Calls on the Member States that are still sceptical towards GIs for non-agricultural products to recognise the relevance of this protection given the fact that the existing trade mark protection does not enable producers to certify the link between quality and geographical origin;

Or. en



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Paragraph 15 a (new)


15a. Points to the advantages of establishing EU sui generis protection of geographical indications (GIs) for non-agricultural products for citizens such as fostering local identity, attracting tourism and contributing to job creation, thereby also giving a boost to less developed regions;

Or. en




15b. Suggests to assign the EUIPO the responsibility for establishing a register for non-agri GIs in order to ensure a uniform examination and protection throughout the Union and in the long run to deviate from the two layer examination on national and on European level;

Or. en




-16a. Stresses that the current design protection system at EU level was established 20 years ago and appears not being up to date anymore; stresses

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moreover that there is still not sufficient awareness on design rights and their benefits, especially with regards to SMEs, whereas designs can be the basis for successful business models;

Or. en




16. Welcomes the Commission’s willingness to revise Union legislation on design protection to better support the transition to the digital and green economy and calls on the Commission to update the registration procedure to allow for new forms of design to be protected in an easy and less burdensome way;

16. Welcomes the Commission’s willingness to revise Union legislation on design protection to better support the transition to the digital and green economy and calls on the Commission to update the registration procedure to allow for new forms of design , such as graphical user interfaces, virtual and animated designs, fonts and icons, and those relevant following new developments and technologies to be protected in an easy and less burdensome way;

Or. en




16. Welcomes the Commission’s willingness to revise Union legislation on design protection to better support the transition to the digital and green economy and calls on the Commission to update the registration procedure to allow for new

16. Welcomes the Commission’s willingness to revise Union legislation on design protection to better support the transition to the digital and green economy and calls on the Commission to update the registration procedure to allow for new

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forms of design to be protected in an easy and less burdensome way;

forms of design to be protected in an easy and less burdensome way; calls on the Commission to further harmonise the application and invalidation procedures in the Member States;

Or. en





16. Welcomes the Commission’s willingness to revise Union legislation on design protection to better support the transition to the digital, sustainable and green economy and calls on the Commission to update the registration procedure to allow for new forms of design to be protected in an easy and less burdensome way;

Or. en





16. Welcomes the Commission’s willingness to modernise Union legislation on design protection to better support the transition to the digital and green economy and calls on the Commission to update the registration procedure to allow for new forms of design to be protected in an easy and less burdensome way;

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Or. en




17. Points out that some Member States have already introduced a ‘spare parts exception’ or ‘repair clause’ into their legislation, allowing for component parts of complex products to be manufactured and sold without infringing on IPRs; notes that this creates fragmentation in the internal market and legal uncertainty; calls on the Commission, therefore, to include a ‘repair clause’ in its future proposal;

17. Notes out that design protection for parts used for the repair of complex products is only partially harmonised; points out that some Member States have already introduced a ‘spare parts exception’ or ‘repair clause’ into their legislation, allowing for component parts of complex products to be manufactured and sold without infringing on IPRs; notes that this creates fragmentation in the internal market and legal uncertainty, leading to distortions of competition and hampering the transition to a more sustainable economy; calls on the Commission, therefore, to include a ‘repair clause’ in its future proposal;

Or. ro




17. Points out that some Member States have already introduced a ‘spare parts exception’ or ‘repair clause’ into their legislation, allowing for component parts of complex products to be manufactured and sold without infringing on IPRs; notes that this creates fragmentation in the internal market and legal uncertainty; calls

17. Points out that some Member States have already introduced a ‘spare parts exception’ or ‘repair clause’ into their legislation, allowing for component parts of complex products to be manufactured and sold without infringing on IPRs; notes that this creates fragmentation in the internal market and legal uncertainty; calls

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on the Commission, therefore, to include a ‘repair clause’ in its future proposal;

on the Commission, therefore, to include a ‘repair clause’ in its future proposal, that will contribute to support the transition into a more sustainable and greener economy;

Or. en




18. Stresses that while rights attached to trade marks are enforceable against infringing goods transiting though the EU, those attached to design are not; calls on the Commission to close this gap in the revision of the design legislation and make it possible for brand owners to put a stop to design counterfeits transiting through the EU;

18. Stresses that while rights attached to trade marks are enforceable against infringing goods transiting though the EU, those attached to design are not; calls on the Commission to close this gap in the revision of the design legislation and make it possible for brand owners to put a stop to design counterfeits transiting through the EU; believes that the EU Design protection system should be aligned with the EU Trademark system in order to allow for design holders to prevent design infringing goods to enter into the EU’s customs territory and should encompass all customs situations, including situations, where such goods are not intended to be released for free circulation in the European Union;

Or. en




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18a. Is convinced that the design protection should be offered in a uniform way throughout the Single Market and suggests to the Commission to think about aligning the Design Directive and the Community Design Directive in order to create a stronger legal certainty;

Or. en




18a. Considers that there should be no private use exception of 3D printed designs and that copies of infringing 3D printed files for private and non-commercial use have to be considered as design infringement;

Or. en


Motion for a resolutionSubheading 8


Counterfeiting and piracy Fighting IPR infringements

Or. en



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Paragraph 19


19. Points out that counterfeit goods, in particular counterfeit medicines and fake personal protective equipment and masks in the context of the COVID-19 pandemic, can have serious impacts on the health of EU citizens and can cause serious harm to public health;

19. Points out that counterfeit goods, such as, for example, counterfeit medicines or fake personal protective equipment or masks in the context of the COVID-19 pandemic, can have serious impacts on the health of EU citizens and can cause serious harm to public health; argues that although market surveillance activities are aimed at protecting general public interests, while counterfeited products relate to the protection of private intellectual property rights, there is a close relation between counterfeited products and risks to health and safety of consumers;

Or. en





19. Points out that there is a relation between counterfeited products and risks to the health and safety of consumers; namely, in the context of the COVID-19 pandemic, counterfeiting of medicines, personal protective equipment and masks can cause serious harm to public health; suggests that such relation is included and dealt with in the scope of the upcoming review of the EU General Product Safety Directive (GPSD);

Or. en

Amendment 120

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Patrick Breyer




19. Points out that some counterfeit goods, in particular counterfeit medicines and fake personal protective equipment in the context of health crisis, can have serious impacts on the health of EU citizens and can cause serious harm to public health;

Or. en




19a. Notes that counterfeiting and piracy result annually in direct employment losses of 416 000 jobs and that the presence of counterfeit products in the EU market not only poses serious health, safety and security threats but also negatively impacts the environment, the creative and cultural industries and the sports sector;

Or. en




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20. Highlights that in 2016, up to 6,8 % of EU imports, or a value of EUR 121 billion, were fake goods and that IPR infringement entails a low level of risk in terms of both the likelihood of detection and the punishment if detected; urges the Member States to develop effective and dissuasive sanctions to fight counterfeiting and piracy;

20. Highlights that in 2016, up to 6,8 % of EU imports, or a value of EUR 121 billion, were fake goods and that their presence on the single market caused direct sales losses worth EUR 50 billion and direct job losses in the order of 416 000 for the period 2013-2017 1a; Points out that IPR infringement entails a low level of risk in terms of both the likelihood of detection and the punishment if detected; urges the Member States to develop effective and dissuasive sanctions to fight counterfeiting and piracy;

_________________1a ‘Status Report on IPR infringement’, EUIPO, 2020: average annual figures, 2013-2017.

Or. ro




20. Highlights that in 2016, up to 6.8 % of EU imports, or a value of EUR 121 billion, were fake goods and that IPR infringement entails a low level of risk in terms of both the likelihood of detection and the punishment if detected; urges the Member States to develop effective and dissuasive sanctions to fight counterfeiting and piracy;

20. Highlights that in 2016, up to 6.8 % of EU imports, or a value of EUR 121 billion, were fake goods and that IPR infringement entails a low level of risk in terms of both the likelihood of detection and the punishment if detected; urges the Member States to develop effective and dissuasive sanctions to fight counterfeiting and piracy; such sanctions cannot be subject to strictly profit-making considerations and should include the limitation of the hazardous nature of the products made available to the public;

Or. en

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20. Highlights that in 2016, up to 6.8 % of EU imports, or a value of EUR 121 billion, were fake goods and that IPR infringement entails a low level of risk in terms of both the likelihood of detection and the punishment if detected; urges the Member States, together with the European Commission, customs authorities, Europol, Interpol, and law enforcement authorities to coordinate strategies and to develop effective and dissuasive sanctions to fight counterfeiting and piracy;

Or. en





20. Highlights that in 2016, up to 6.8 % of EU imports, or a value of EUR 121 billion, were fake goods and that IPR infringement entails a low level of risk in terms of both the likelihood of detection and the sanction if detected; urges the Member States to develop effective and dissuasive sanctions to fight counterfeiting, especially when it is connected to organised crime , and enhance legal certainty for IPR holders and users;

Or. en

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20a. Calls on the Commission to take concrete actions to monitor wilful infringement of intellectual property rights, where infringement is used in bad faith as a deliberate commercial strategy;

Or. en




21. Stresses that the Internet is significantly used to distribute counterfeit products and IPR-infringing services and welcomes the proposal of the Commission for a Digital Services Act; highlights the fact that proactive measures from intermediaries would contribute enormously to the fight against counterfeiting and that AI and blockchain could play an important role in detecting counterfeit and piracy and enforcing IPR in the whole supply chain; supports, therefore, the use of new technologies to combat IP infringements and welcomes publications produced by the EUIPO Observatory;

21. Regrets the significant use of the Internet for the distribution of counterfeit products, infringing content and IPR-infringing services and welcomes the proposal of the Commission for a Digital Services Act on the basis of the principle that "what is illegal offline, is illegal online"; calls for the establishment of a robust framework to counter those IPR infringements; highlights the fact that proactive measures from intermediaries would contribute enormously to the fight against counterfeiting and piracy and that AI and blockchain could play an important role in detecting counterfeit and piracy and enforcing IPR in the whole supply chain; supports, therefore, the use of new technologies to combat IP infringements and welcomes publications produced by the EUIPO Observatory;

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Or. en





21. Stresses that the Internet is significantly used to distribute counterfeit products and IPR-infringing services and welcomes the proposal of the Commission for a Digital Services Act; highlights the fact that proactive measures from intermediaries would contribute enormously to the fight against counterfeiting and that AI and blockchain could play an important role in detecting counterfeited and pirated goods available online as well as contribute to enhanced enforcement of IPR in the whole supply chain, from extracting raw materials to selling the final product; supports, therefore, the use of new technologies to combat IP infringements and welcomes publications produced by the EUIPO Observatory in this respect, in order to further promote the use of these new technologies;

Or. en




21. Stresses that the Internet is significantly used to distribute counterfeit products and IPR-infringing services and

21. Stresses that the Internet is significantly used to distribute counterfeit products and IPR-infringing services, with

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welcomes the proposal of the Commission for a Digital Services Act; highlights the fact that proactive measures from intermediaries would contribute enormously to the fight against counterfeiting and that AI and blockchain could play an important role in detecting counterfeit and piracy and enforcing IPR in the whole supply chain; supports, therefore, the use of new technologies to combat IP infringements and welcomes publications produced by the EUIPO Observatory;

significant adverse effects for the EU manufacturing industry as well as for the creative, cultural and sport sectors; welcomes the proposal of the Commission for a Digital Services Act, which will contribute in particular to harmonising specific legal obligations and ensuring the application of the proportionality principle; highlights the fact that proactive measures from intermediaries would contribute enormously to the fight against counterfeiting and that AI and blockchain could play an important role in detecting counterfeit and piracy and enforcing IPR in the whole supply chain; supports, therefore, the use of new technologies to combat IP infringements and welcomes publications produced by the EUIPO Observatory;

Or. ro





21. Stresses that the use of digital technologies to support the fight against IPR infringements can be developed only under the conditions set out by the legal framework on the liability of Internet intermediaries and on IPR protection, but also following proper checks, including by the judiciary, pertaining to their incidence on fundamental rights; welcomes evidence-based publications produced by the EUIPO Observatory;

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Or. en




21a. Highlights that a strong notice and action system, avoiding the reappearance of infringing IPRs products and content, a strong Know Your Business Customer principle, an accessible trusted flaggers system and a properly balanced system of personal privacy rights and intellectual property rights is key to ensure the sustainability of the Internet and to tackle IPR-infringements online;

Or. en




22a. Suggests to further clarify how rights holders, intermediaries and law enforcement authorities at national and at EU level could ameliorate their cooperation and how they could extend data sharing on counterfeited goods, detected online, with each other; recommends that domain name registries and registrars are included in the list of shared data, in line with data protection rules, in order to enhance the effectiveness of IPR enforcement;

Or. en

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22a. Welcomes that the Commission intents to come up with a EU-Toolbox against counterfeit in order to enhance cooperation among the rightholders, public authorities and intermediaries - through further clarifying roles and responsibilities - and with the aim to facilitate effective information and data sharing between key actors, promoting the use of new Tools and technologies to prevent and detect counterfeiting activities;

Or. en




22a. Calls on the Commission to push for greater control and cooperation between cross-border customs agencies in the fight against the import of counterfeit products from non-EU countries that threaten the survival of EU companies and which can pose real risks to public health.

Or. it

Amendment 135

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22a. Asks the Commission to further work on the establishment of an EU Toolbox against counterfeiting and piracy setting out principles for joint action, cooperation and data sharing among right holders, intermediaries and law enforcement authorities;

Or. en




22b. Stresses that long term education on IP in schools on counterfeit and piracy would also be necessary in order to change the willingness to consume IPR-infringing goods and services; calls therefore on the Member States to cooperate with EUIPO in order to launch awareness campaigns;

Or. en




23. Highlights that IP protection related 23. Highlights that IP protection related

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to AI technologies is important and that even though current rules on the protection of computer-implemented inventions by patents may cover AI technologies, clear criteria for the protection of inventions created with the help of AI technologies are necessary; asks the Commission, therefore, in cooperation with the EPO and EUIPO, to provide legal certainty on this subject and to follow the issue closely at international level in the WIPO;

to AI technologies is important and that even though current rules on the protection of computer-implemented inventions by patents may cover AI technologies, clear criteria for the protection of inventions created with the help of AI technologies are necessary; asks the Commission, therefore, in cooperation with the EPO and EUIPO, to provide legal certainty on this subject and to follow the issue closely at international level in the WIPO; underlines that AI and related technologies used for the registration procedure to grant IPRs cannot be a substitute for human review carried out on a case-by-case basis, in order to ensure the quality and fairness of decisions;

Or. en




23. Highlights that IP protection related to AI technologies is important and that even though current rules on the protection of computer-implemented inventions by patents may cover AI technologies, clear criteria for the protection of inventions created with the help of AI technologies are necessary; asks the Commission, therefore, in cooperation with the EPO and EUIPO, to provide legal certainty on this subject and to follow the issue closely at international level in the WIPO;

23. Highlights that IP protection related to AI technologies is important and should be duly considered; notes that clear criteria for the protection of inventions created with the help of AI technologies are necessary; asks the Commission, therefore, in cooperation with the EPO and EUIPO, to provide legal certainty on this subject and to follow the issue closely at international level in the WIPO;

Or. en

Amendment 139

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23. Highlights that IP protection related to AI technologies is important and that even though current rules on the protection of computer-implemented inventions by patents may cover AI technologies, clear criteria for the protection of inventions created with the help of AI technologies are necessary; asks the Commission, therefore, in cooperation with the EPO and EUIPO, to provide legal certainty on this subject and to follow the issue closely at international level in the WIPO;

23. Highlights that IP protection related to AI technologies is important and that even though current rules on the protection of computer-implemented inventions by patents may cover AI technologies, clear criteria for the IPRs of creations and inventions generated with the assistance of AI technologies are necessary; asks the Commission, therefore, in cooperation with the EPO and EUIPO, to provide legal certainty on this subject and to follow the issue closely at international level in the WIPO;

Or. en




23a. Recalls that in the Continental European understanding of authorship, the concept of 'intellectual creation' is tied to the author's personality, meant to apply to natural persons, and therefore artificial agents such as robots and artificial intelligence shall not be considered as authors, and information produced by them shall not be eligible to copyright protection; considers that the authors’ fragile position and often low remuneration should not be further accentuated by new categories of copyrightable works generated by Artificial Intelligence technologies which would compete with human artistic

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creation; rejects the concept of data ownership and stresses the need for enhancing access to and use of non-personal data;

Or. en




23a. Recognizes the high potential that blockchain technologies present for the registration and protection of IPRs; stresses that blockchain systems can help secure the supply chain by offering the traceability, safety and securing of each steps against the dangers of counterfeiting at each level of the supply chain; notes, in particular with regards to the registration of IPRs, the need for Intellectual Property Offices (IPOs) to adopt technical standards for their blockchain solutions that would promote their interoperability with each other;

Or. en




23a. Welcomes the Commission’s recognition of the importance to tackle the fragmented implementation of the Bolar exemption for medicinal products by clarifying all the actions covered by the

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Bolar, including the supply of Active Pharmaceutical Ingredients (API) and all the necessary administrative steps to be ready to effectively enter the market immediately after IP expiry;

Or. en




23b. Underlines that the lack of harmonisation of rules on authorship and copyright ownership can lead to divergent national solutions as regards AI-assisted works; awaits the results of the Commission’s study on copyright and new technologies focusing on copyright data management and artificial intelligence; Notes the potential of high quality metadata and new technologies to boost transparency and improve data management with regard to copyright and the identification of rights owners;

Or. en




23b. Points out that the 2009 Commission's Pharmaceutical Sector Inquiry Report declared patent linkage in the EU legislation as unlawful, as it distorts competition and delays generic

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and biosimilar market entry, frustrating the objectives of the Bolar exemption; therefore calls on a ban of all forms of patent linkage within EU legislation.

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23c. Underlines that, despite a high level of harmonization of IP rights across Europe, there is still a lack of efficient cross-border enforcement for those rights in the EU;

Or. en




24. Regrets the fact that the Commission’s 2016 study on patent assertion entities (PAE) in Europe10 did not provide a clear answer to the question of whether the business models of some PAE, consisting in acquiring patents from third parties and seeking to generate revenue by asserting them against alleged infringers by misusing litigation asymmetries, abuse loopholes in existing legislation and therefore constitute a problem that should be tackled; calls the Commission to carry out an in-depth study on this issue;

24. Regrets the fact that the Commission’s 2016 study on patent assertion entities (PAE) in Europe10 concluded that the EU legal framework already provides for safeguards although it did not provide a clear answer to the question of whether the business models of some PAE, consisting in acquiring patents from third parties and seeking to generate revenue by asserting them against alleged infringers by misusing litigation asymmetries; encourages the Commission to continue to monitor this issue and to carry out an in-depth study, namely on

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business models seeking to generate revenue from the acquisition of patents from third parties to tackle this problem;

_________________ _________________10 European Commission Joint Research Centre, Patent Assertion Entities in Europe: Their impact on innovation and knowledge transfer in ICT markets, 2016.

10 European Commission Joint Research Centre, Patent Assertion Entities in Europe: Their impact on innovation and knowledge transfer in ICT markets, 2016.

Or. en




24. Regrets the fact that the Commission’s 2016 study on patent assertion entities (PAE) in Europe10 did not provide a clear answer to the question of whether the business models of some PAE, consisting in acquiring patents from third parties and seeking to generate revenue by asserting them against alleged infringers by misusing litigation asymmetries, abuse loopholes in existing legislation and therefore constitute a problem that should be tackled; calls the Commission to carry out an in-depth study on this issue;

24. Recalls the fact that the Commission’s 2016 study on "Patent Assertion Entities (PAE) in Europe"10 concluded that the EU legal framework already provides for safeguards against abusive behaviour; nevertheless encourages the European Commission to continue monitoring this issue and to carry out in-depth studies where needed;

_________________ _________________10 European Commission Joint Research Centre, Patent Assertion Entities in Europe: Their impact on innovation and knowledge transfer in ICT markets, 2016.

10 European Commission Joint Research Centre, Patent Assertion Entities in Europe: Their impact on innovation and knowledge transfer in ICT markets, 2016.

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24a. Welcomes the efforts of all Member States to make sure that the courts take the principle of proportionality into consideration when dealing with injunction cases;

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25. Notes that IPR protection is key in encouraging companies to invest in innovative products and processes and to produce new medicines, but is convinced that compulsory licensing of patents is important as a last-resort tool meant to allow life-saving interventions in the public interest; calls on the Commission, therefore, to analyse and explore possible options for ensuring effectiveness and better coordination of compulsory licensing in the EU, taking into account cases in which it has been used in the Union, the reasons for its use, the conditions under which it was granted, its economic consequences and whether it achieved the desired effect;

25. Notes that IPR protection is key in encouraging companies to invest in innovative products and processes and to produce new medicines, but is convinced that compulsory licensing and voluntary pooling of patents is important as a tool meant to allow life-saving interventions in the public interest; calls on the Commission, therefore, to analyse and explore possible options for ensuring effectiveness and better coordination of compulsory licensing in the EU, taking into account cases in which it has been used in the Union, the reasons for its use, the conditions under which it was granted, its economic consequences and whether it achieved the desired effect in the aim of making full implementation of the flexibilities provided in the WTO TRIPS Agreement; reiterates its call to support proactive, constructive and text-based negotiations for a temporary waiver of the WTO TRIPS Agreement, aiming to enhance global access to affordable COVID-19-related medical products and

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to address global production constraints and supply shortages;

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25. Notes that IPR protection is key in encouraging companies to invest in innovative products and processes and to produce new medicines, but is convinced that compulsory licensing of patents is important as a last-resort tool meant to allow life-saving interventions in the public interest; calls on the Commission, therefore, to analyse and explore possible options for ensuring effectiveness and better coordination of compulsory licensing in the EU, taking into account cases in which it has been used in the Union, the reasons for its use, the conditions under which it was granted, its economic consequences and whether it achieved the desired effect;

25. Acknowledges the importance of compulsory licensing or waiver of IPRs for medicines as a last-resort tool meant to fight global health emergencies and to allow life-saving interventions in the public interest, and in anticipation of future needs resulting from the conditions imposed by the accessibility to certain medical products that ultimately jeopardise the lives of patients; calls on the Commission, therefore, to analyse and explore possible options for ensuring effectiveness and better coordination of compulsory licensing and waiver of IPRs for medicines in the EU, taking into account cases in which it has been used in the Union, the reasons for its use, the conditions under which it was granted, its economic consequences and whether it achieved the desired effect;

Or. en

Amendment 151Angelika Niebler, Pascal Arimont, Geoffroy Didier



25a. Highlights that a strong and

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efficient patent protection is essential in order to incentivise research and production of innovative products including new medicines;

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26. Suggests that an IP coordinator be established at European level in order to ensure a holistic and coordinated approach to EU IP policy and enhance cooperation between the different national IP authorities, the Directorates-General of the Commission and other bodies in charge of IPR, such as the EPO, EUIPO and WIPO;

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Or. en





26. Suggests that , as a political priority, an IP coordinator be established at European level in order to ensure a holistic and coordinated approach to EU IP policy and enhance cooperation between the different national IP authorities, the Directorates-General of the Commission and other bodies in charge of IPR, such as the EPO, EUIPO and WIPO; the IP coordinator would further promote the

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fight against counterfeiting at highest political level, which becomes necessary due to the scale of practice of counterfeiting, its upwards trend and the negative impact counterfeited goods have on consumers and businesses alike;

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26. Suggests enhanced cooperation between the different national IP authorities, the Directorates-General of the Commission and other bodies in charge of IPR, such as the EPO, EUIPO and WIPO;

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26. Suggests that an IP and competition coordinator be established at European level in order to ensure a holistic and coordinated approach to EU IP and competition policy and enhance cooperation between the different national IP authorities, the Directorates-General of the Commission and other bodies in charge

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of IPR, such as the EPO, EUIPO and WIPO;

Or. en





26. Suggests that an IP coordinator be established at European level in order to ensure a holistic and coordinated approach to EU IP policy and enhance cooperation between the different national IP authorities, the Directorates-General of the Commission and other bodies in charge of IPR, such as the EPO, EUIPO, WIPO and relevant civil society actors;

Or. en




26a. Highlights the new type of anti-suit injunction (ASI) with extra-territorial effect that has been issued by some third countries, which aims to deprive the foreign counterpart of its right to initiate legal proceedings against an entity of a third country, including in any EU country, as highlighted by the Commission in DG Trade’s report on the protection and enforcement of intellectual property rights in third countries.

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Or. it




26a. Reminds that more initiatives to address public awareness is needed in order to protect intellectual property rights, also in the field of 3D printing; Recalls that 3D-printing technology may raise some specific legal concerns regarding all areas of intellectual property law, such as copyright, patents, designs, three-dimensional trademarks and geographical indications;

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26b. Defends that promotion of better IP management in the Research & Innovation community is needed in order to materialise Europe’s excellent research into innovation that is beneficial to its citizens and businesses; stresses that, in this context, publicly funded IP must be used in a fair and effective manner and that results achieved with EU funds should be used to improve the EU’s economy for all;

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26c. Recalls that IPR-intensive industries generate the bulk of EU trade activities; stresses the alarming poor IPRs enforcement framework in the context of trade relationships, especially at the multilateral level; asks, therefore, the Commission to call IPRs enforcement to be addressed at the World Trade Organization (WTO) and World Intellectual Property Organization (WIPO);

Or. en

AM Com NonLegReport...Amendment 27 Tiemo Wölken, Ibán García Del Blanco Motion for a resolution...

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