Local view for "http://purl.org/linkedpolitics/eu/plenary/2004-03-09-Speech-2-027"
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"en.20040309.3.2-027"2
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".
At a time when, as Commissioner Byrne states, counterfeiting and piracy crimes are currently rocketing, it is essential, in the interests of our economy. to put in place appropriate instruments to ensure the protection of intellectual property rights.
I would remind you that the Commission presented its text in January 2003. This initiative had been expected ever since 1998 when the Green Paper was published. Parliament demonstrated its determination to act against counterfeiting and piracy on a number of occasions, notably by voting unanimously on a resolution on this Green Paper and by signing a written declaration.
Being aware of the need to which I have referred, the Committee on Legal Affairs and the Internal Market adopted on 27 November 2003 the amended report on the respect of intellectual property rights by 28 votes with 3 abstentions. Time is of the essence. On the eve of enlargement, there is also an urgent need to establish harmonised legislation so as to ensure respect for intellectual property rights, innovation and creativity in the 25 Member States. Accordingly, an original procedure was used.
At the behest of the Presidency of the Council, an informal three-way discussion was established to seek a compromise. The discussions took three months. In addition to the Council and the Commission, your rapporteur, the draftsman of the opinion, the Chairman of the Committee on Industry, External Trade, Research and Energy and the shadow rapporteurs also participated in this process. I would like to thank them for their help and for their diligence. The Irish Presidency’s extraordinary commitment made it possible for this agreement to be reached in advance of the deadline, and I would like to extend special thanks to them. I am also grateful to the Commission, which did everything in its power to offer us continual assistance.
The amendments tabled today on behalf of the Group of the European People’s Party (Christian Democrats) and European Democrats, the Group of the Party of European Socialists, the Group of the European Liberal, Democrat and Reform Party and the Union for Europe of the Nations Group reflect the text of the Council compromise in every detail. The text is extremely balanced, equitable and proportionate, reiterating our stance on the importance of intellectual property law, taking account of the concerns expressed by Parliament on behalf of a range of sectors, and now containing many safeguards to protect the interests of both right-holders and consumers. In accordance with international agreements into which the Community has entered, the scope of the application of the directive is broadened to cover all infringements of intellectual property law.
From now on, however, only acts committed for commercial purposes will be regarded as punishable. The definition of commercial purposes excludes acts committed by consumers acting in good faith who do not gain direct or indirect economic or commercial advantage. This extension of the scope of the application does not undermine any of the sectoral directives already adopted on copyright, electronic commerce and computer programs. The exception made for private copying is actually strengthened.
The other important points of the text relate to the need to take account of the rights of defence. Notably, Article 8 on the provisional measures guarantees the right to defence by imposing a time limit, thus limiting the entitlement to institute legal proceedings, and by
providing for the defendant to be compensated.
The protection of personal data is strengthened. All measures taken must be justified and proportionate. They must not create barriers to legitimate trade or to competition. The judicial authorities must assess the specific features of each case. They must also assess whether or not the infringement was intentional. All measures envisaged are civil and administrative sanctions. Providing as it does for revision of the directive, especially in line with changes to Community legislation, this is a forward-looking compromise.
If you support the proposed compromise amendments, this directive can be adopted at the first reading, within the life of this Parliament. This will show how efficiently the three institutions can work. It will send out a positive message on integration to the enlarged European Union. It will strengthen confidence in the internal market. This is what is needed to meet the challenge of the Lisbon objectives. It is what is required to ensure that Europe’s economy, characterised by its innovation, can become the most competitive economy in the world."@en1
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