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~~Alternative Resolution~~

MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION

on enforcement of intellectual property rights in the internal market

(2009/2178(INI))

The European Parliament,

- having regard to the communication from the Commission to the Council,
the European Parliament and the European Economic and Social Committee of
11 September 2009 on enhancing the enforcement of intellectual property
rights in the internal market (COM(2009)0467),

- having regard to the resolution of the Competitiveness Council of 25
September 2008 on a comprehensive European anti-counterfeiting and piracy
plan,

- having regard to Directive 2000/31/EC of the European Parliament and of
the Council of 8 June 2000 on certain legal aspects of information society
services, in particular electronic commerce, in the Internal Market
(Directive on electronic commerce),

- having regard to Directive 2001/29/EC of the European Parliament and of
the Council of 22 May 2001 on the harmonisation of certain aspects of
copyright and related rights in the information society,

- having regard to Council Regulation (EC) No 1383/2003 of 22 July 2003
concerning customs action against goods suspected of infringing certain
intellectual property rights and the measures to be taken against goods
found to have infringed such rights,

- having regard to Directive 2004/48/EC of the European Parliament and of
the Council of 29 April 2004 on the enforcement of intellectual property
rights,

- having regard to Directive 2009/24/EC of the European Parliament and of
the Council of 23 April 2009 onthe legal protection of computer programs,

- having regard to its resolution of 25 April 2007 on the amended proposal
for a directive of the European Parliament and of the Council on criminal
measures aimed at ensuring the enforcement of intellectual property
rights,

- having regard to the Commission Strategy for the Enforcement of
Intellectual Property Rights in Third Countries of 2005 and to
theCommission Staff Working Document 'IPR Enforcement Report 2009',

- having regard to its resolution of 29 March 2009 on strengthening
security and fundamental freedoms on the Internet,

- having regard to the European Convention for the Protection of Human
rights and Fundamental Freedoms,

- having regard to the European Convention for the Protection of Human
rights and Fundamental Freedoms and having regard to the legally binding
character of the Charter of Fundamental Rights,

- having regard to its resolution of 10 April 2008 on cultural industries
in Europe,

- having regard to the communication from the Commission to the Council,
the European Parliament, the European Economic and Social Committee and
the Committee of the Regions of 25 June 2008 on the Small Business Act for
Europe establishing the 'Think Small First' principle for an ambitious
policy agenda for SMEs,

- having regard to its resolution of 10 March 2010 on the transparency and
state of play of the ACTA negotiations

- having regard to Rule 48 of its Rules of Procedure,

- having regard to the report of the Committee on Legal Affairs and the
opinions of the Committee on Industry, Research and Energy and the
Committee on the Internal Market and Consumer Protection (A7 0000/2010),

A. whereas ~~commercial goods counterfeiting can~~infringementsof intellectual property rights (IPR) constitute a
genuine threat
not only to consumer health and safety but also to our
economies and
societies,

B. whereas scientific and technical innovation, patents and the cultural
industries make a decisive contribution to the competitiveness of the
European economy, both through the number and diversity of the job
openings they provide and through the wealth created; whereas the whole
value-chain of the cultural
economy, from creation through to
distribution, must be supported,

C. whereas the European Union, as a member of the World Trade
Organisation, is bound by the Agreement on Trade Related Intellectual
Property Rights (TRIPS); whereas EU Member States are thereby committed to
the adoption and implementation of effective measures against all
infringements of IPRs,

D. whereas knowledge sharing and dissemination of innovation are strong
traditions in the European Union; whereas access by the greatest possible
number to technological progress and cultural products continues to be the
foundation of education and development policy,

D. whereas the evolving information and digital technology society creates
new forms of production, distribution and consumption that call for new
commercial models able to provide consumers with the access to the
diversity of emerging goods and services while guaranteeing appropriate
remuneration for authors and others stakeholders taking part in their
creation,

E. whereas in order properly to address the question of IPR enforcement in
the internal market, it is important to take into consideration not only
EU territory but also the situation at the EU's external borders and in
third countries, in order to ensure compatibility between the protection
of content of Community origin and the holders of rights thereto and
consumer access to non-Community content,

F. whereas data concerning the scale of IPR infringements are
inconsistent, incomplete, insufficient and dispersed, and whereas an
objective,
independent impact assessment is needed before any additional
legislative
proposal,

FG. whereas innovation and creativity have considerable added value for the
European economy and, taking account of the economic context, they should
be preserved and developed,

G. whereas the phenomenon of IPRs infrigements in a purely digital
environment, even if they represent an important challenge for the
creative content industries, should be addressed separately from the issue
of the counterfeiting of physical goods,

H. whereas efforts to tackle on-line non-commercial file sharing have
created a strong and prejudicial antagonism between the crethe violation of IPRs is a problem across the board which
affects all sectors of industry, particularly the creative and innovative
industries and their public, and it is therefore necessary to explore new
ways of creating a synergy between the rights of the public and the
revenues of authors and creatorssport,

I. whereas ongoing infringements of IPRs ~~may~~will lead to a ~~collapse of the~~fade-out of
innovation ~~sector~~ in the EU,

J. whereas the ~~worldwide~~ phenomenon of on-line IPR infringements has
~~reached~~ assumed
worrying proportions, particularly for the creative content
industries,
and whereas it has not been established yet whether the
existing legal
framework is capable of effectively protecting rights
holders on the
Internet while guaranteeing a balance between all the
interests at stake,
including those of consumers ~~and citizens~~,

K. whereas efforts to tackle infringement of copyright must enjoy public
support in order not to risk eroding support for intellectual property
rights amongst the citizens,

L. whereas the unauthorised uploading of copyrighted material to the
Internet is a clear infringement of intellectual property rights and is
prohibited by the World Intellectual Property Organisation (WIPO) treaties
on copyright (WCT) and performances and phonograms (WPPT), to which the
European Union is a contracting party,

M. whereas the creative sector should continue to develop~~ing~~ models enabling
access to creative content on-line which offer improved and cost-effective
choices to consumers, including access to unlimited subscription services;
whereas the development of these legal services is inhibited by the
~~territoriality of copyright licenses~~ growth
of unlawfully uploaded content online,

LN. whereas, in order to maintain and increase the attractiveness of what
they can offer their public, producers of audiovisual media must be in a
position to use all the new ~~and existing~~ means of distribution; whereas
the current
system of granting licences must be improved in such a way that the Member
States have a flexible system available to them which can be adapted to
the new
technologies, and gain in flexibility,

M. whereas, apart from a

O. whereas, with the exception of legislation on penalties under the
criminal law, a
Community legal framework already exists ~~on counterfeit~~with regard to
the phenomenon of counterfeiting and piracy of physical goods,
but whereas
lacunae persist with regard to the trade of counterfeit goods
over the Internetonline IPR infringements,

NP. whereas ~~it is necessary to assess~~ the measures provided for by
Directive 2004/48/EC on the
enforcement of intellectual property rights on
~~the internal market~~ the internal market have
not yet been assessed, from the point of view of the protection of rights
~~and~~or from the point of view of its effects on consumers' rights,

OQ. whereas the telecoms regulatory framework has recently been amended,
rejecting proposals for so-called graduated response schemes at EU level,
and instead includes provisions for standardised public interest notices
which can
address, among other things, copyright and infringement thereof
without
jeopardising data protection and privacy rights and stresses the
need to
respect fundamental rights in matters relating to Internet access,

P.R. whereas the possibility should be created in the European legal
framework of proceeding against infringers of copyright, since
international treaties are barely able to address IPR infringements,

S. whereas, in the case of patents, their protection is crucial in order
to efficiently fight patent violations; whereas the question of the
unified patent system at EU level has ~~still~~
yet to be resolved,

QT. whereas there are proven connections between various forms of organised
crime and commercial goods counterfeiting contrary to organised crime and
non-commercial file sharingIPR infringements,

RU. whereas the co-decision role of the European Parliament in commercial
matters and its access to negotiation documents is guaranteed by the
Lisbon Treaty,

SV. whereas it is desirable that, alongside measures to prevent offences in
this area, protection should be provided for consumers who legally make
use of products that are covered by protection of intellectual property,

W. whereas current Community law ~~makes difficult~~constitutes no impediment to the
development of
multi-territory licensing systems ~~in many area~~,

X. whereas in various areas, including the text- and image-based sector,
there are business models and channels and licensing schemes that provide
broad access to works in a wide range of forms and formats, both within
and across national borders,

1. Welcomes the communication of 11 September 2009 from the Commission
concerning additional non-legislative measures; regrets however that the
communication does not deal with the matter of completing the legislative
framework by introducing a set of measures to combat intellectual property
right infringements in an effective manner; welcomes the progress made in
the EU in harmonising the fight against
counterfeiting; encourages the
Commission to step up its efforts in areas
that are sensitive in terms of
health and safety, including that of
medicinal products, foodstuffs, cosmetics, spare parts for vehicles and
technical and electrical equipment;

2. Draws attention to the serious impact of counterfeiting on the internal
market and therefore calls on the Commission to review, where appropriate,
the effectiveness of existing legislation; particular attention should be
given to the fight against the increase in counterfeit goods from third
countries and against counterfeit goods that put consumer health at riskes;

2. Recalls that an exception to IPRs exists in the cultural area: the
'private copy';

3. Calls on Member States and the Commission to put into place an
efficient mechanism for market surveillance, in particular an early
warning system for counterfeited goods, which would make it possible to
have these goods rapidly withdrawn from the whole European marketthe Commission to urgently present, by the end of 2010, a
comprehensive IPR strategy addressing all aspects of IPRs, including their
enforcement as well as their promotion, in particular the role of
copyright as an enabler and not an obstacle, helping creators earn a
living and disseminating their works;

4. Calls on the Commission to develop international measures for
cooperation between consumer protection supervisory authorities and third
countries (in accordance with Article 18 of the Regulation on consumer
protection cooperation) to make it easier to impose penalties on
international counterfeit goods distributorpropose a comprehensive strategy on IPRs

5 Considers that, with regard to the need to deal effectively with the
large quantities of counterfeit goods entering the internal market, it
should as a matter of urgency be possible, on the basis of the EU Customs
Regulation, for such goods to be seized and taken off the market at any
point on the EU's external borders, regardless of where they were
imported; stresses thatwhich will remove obstacles to creating a single EU patent and a Community trade mark
ensure in this respect such seamless protection across the EU; considers
it vital, therefore, that the use of Community trade marks should not be
hampered by the introduction of a new requirement according to which a
Community trade mark would be conditional on effective use in several
Member States;

6. Takes note of the Commission's view that the current civil enforcement
market in the online
environment and adapt the European legislative framework in the EU is effective and harmonised to the extent necessary
for the proper functioning of the internal market and reminds the
Commission that the report on the application of Directive 2004/48/EC is
essential to confirm those claims;

7. Calls on the Commission to ensure that the measures aimed at
strengthening the application of intellectual property rights in the
internal market do not impinge on the legitimate right to
interoperability, this being essential to competition on the digital works
distribution market, inter alia for the authors and users of free
softwares;

8. Calls on the European Commission to promote interoperability and
technological neutrality, allowing content to be distributed regardless of
technology or format used, and allowing convertibility of content between
formats;

9. Calls on the Commission to create an EU system for certification marks,
which on the one hand would give a high level of IPR protection for
certification marks established at European or at national level, create
common rules and a legal framework for certification, guarantee, quality
and safety marks, and provide additional effective tools against
counterfeited goods which abuse such certification marks, and on the other
hand would ensure that the use of such certification marks would achieve
the desired level of safety for European consumers,

10. Notes that the EU Certification Mark system should provide additional
protection going beyond that afforded by the collective Community Trade
Marks and should be run by the Office for Harmonisation in the Internal
Market;

11field of
IPRs to current trends in society as well as to technical developments;

5. Stresses that any measures taken to enforce IPRs must respect the
Charter of Fundamental Rights of the European Union, in particular Article
7 and Article 8, and the European Convention for the Protection of Human
Rights and Fundamental Freedoms, in particular Article 6, Article 8, and
Article 10, and be necessary, proportionate, and appropriate within a
democratic society; recalls in this connection that Article 17 of the
Charter of Fundamental Rights of the European Union provides for the
protection of intellectual property;

6. Considers that the Commission should take IPR aspects into account in
all relevant policies or legislative initiatives and consider these
aspects in all processes relating to impact assessments where a proposal
would have an impact on intellectual property;

7. Takes the view that the Commission should take into account the
specific problems encountered by SMEs when it comes to reinforcing the
intellectual property rights corresponding to the principle of 'Think
Small First' established by the Small Business Act for Europe, inter alia
by applying the principle of non-discrimination for SMEs;

8. Does not share the Commission's certitude that the current civil
enforcement framework in the EU is effective and harmonised to the extent
necessary for the proper functioning of the internal market and reminds
the Commission that the report on the application of Directive 2004/48/EC
is essential to confirm those claims;

9. In the light of the experiences undergone by rights-holders in some
Member States, does not share the Commission's certitude that the current
civil enforcement framework in the EU is effective and harmonised to the
extent necessary for the proper functioning of the internal market and
reminds the Commission that the report on the application of Directive
2004/48/EC is essential to confirm those claims;

10. Is of the opinion that the possibility of proceeding against
infringers of intellectual property rights should be created in the
European legal framework and reminds the Commission that the report on the
application of Directive 2004/48/EC is essential to confirm those claims;

11. Calls on the Commission to draw up a report on the application of
Directive 2004/48/EC, including an assessment of the effectiveness of the
measures taken, as well as an evaluation of its impact on innovation and
the development of the information society, in accordance with Article
18(1) of that Directive and, if necessary, to propose amendments; calls
for that report also to include an assessment of the ways to strengthen
and upgrade the legal framework with respect to the Internet;

12. Take account of the existence of particular formats making works
accessible for those with disabilities, in particular the visually
impaired, and adopt the necessary measures to
promote the distribution
thereof ~~throughout the internal market and to the rest of the world; c~~;

13. Does not share the Commission's view that the principal body of laws
with respect to IPR enforcement is already in place; points out in this
respect that negotiations on the directive on criminal sanctions have not
been successfully concluded;

14. Calls
on the Commission to e~~valu~~nsure thate the possibility of introducing a mandatory
Europe-wide exception to increase access to works for people with
disabilities, and to report its findings to the Parliameasures aimed at
strengthening the application of intellectual property rights in the
internal market do not impinge on the legitimate right to
interoperability, this being essential to healthy competition on the
digital works distribution market, inter alia for the authors and users of
free software;

15. Calls on the Commission to put forward appropriate legislative
proposals based on Article 118 of the TFEU which will address the issue of
an effective EU patent system and welcomes in this respect the Council
conclusions of 4 December 2009 on an enhanced patent system in Europe as a
significant positive development;

European Observatory on ~~Intellectual Property~~ Counterfeiting and Piracy('the Observatory')

136. Recognises the importance of comprehensive and reliable information
and data on all types of IPR infringements for the development of
evidence-based and result-oriented policy making;

17. Welcomes the establishment of the Observatory as a tool for the
centralisation of statistics and data which will serve as a basis for
proposals to be implemented to combat effectively the phenomena of
counterfeiting and online IPR infringements; urges the Commission to ~~con~~
producte a report on how best to use
Europol and existing structures for
cooperation between customs
authorities in this field to combat criminal
IPR infringements
effectively;

14. Recognises the importance of comprehensive and reliable information
and data on all types of markets affected by IPR infringements, as well as
reliable data on the infringements themselves, for the development of
evidence-based and result-oriented policy making;

158. Wishes the Observatory to become a tool for collecting and exchanging
data and information on all forms of all IPR infringements; its prime
objective should be to compile and produc, including
compiling scientific research ~~regarding~~
on counterfeiting and IPR regulation;

16. Calls on the European Observatory to analyse the problems relating to
the storage and disposal of large quantities of counterfeit goods and to
simplify the existing rules for reuse of the counterfeit goods with the
consent of the rights-holders for the needs of non-profit organisations
with social purposes;

17. The Observatory should include, where relevant, an evaluation of the
impact relating to IPR and to knowledge flows, in particular with respect
to SMEs, especially those situated in less-favoured regions, in all impact
assessments;

189. Calls on the Commission to clarify the tasks which are to be entrusted
to the Observatory and stresses that the success of the Observatory
largely depends on the involvement and cooperation of all stakeholders,
including the national authorities, rights holders, consumers'
organisations and the industries concerned, in order to increase
transparency and avoid duplication of effort;

1920. Calls on the Commission to inform ~~the European~~ Parliament and the
Council fully and
comprehensively about the results of the Observatory's
activities through an
annual reports in which the Commission draws
conclusions and proposes ~~necessary solutions~~
solutions necessary to improve IPR law;

20. Requests a closer involvement of the European Parliament and the civil
society in working on the next steps against infringements of intellectual
property rights; in this respect criticises the lack of information on the
progress of the stakeholders' working groups established by the Commission
and the European Observatory; therefore calls for the creation of a
parliamentary platform in the stakeholders' working groups;

21. Notes that the law enforcement and data protection authorities,
EUROPOL and EUROJUST representatives, academics, representatives of legal
practitioners and civil society should be more involved in the
Commission's work on combating infringements of intellectual property
rights; therefore calls for these representatives to be invited to the
stakeholders' working groups;

22. Urges the Commission to guarantee that the Observatory complies with
EU rules in the field of privacy and data protection;

Innovating to adapt IPR to the Internet

23. Calls on the Commission to propose a comprehensive strategy on IPRs
contributing to the creation of an on-line single market and adapting the
European legislative framework on IPRs to current trends in society and
technical developments in order to guarantee effective protection of IPRs
while ensuring wide access to the users;

24 ECultivating consumer awareness

21. Calls on the Commission and the Member States in association with the
stake holders to organise a campaign to raise awareness at European,
national and local level of the risks to consumer health and safety
arising from counterfeit products and also the adverse impact of
counterfeiting and on-line IPR infringement on the economy and society;
emphasises the need for a consistent, efficient and balanced system of
protection of intellectual property rights, which takes into account
users' rights and obligations and fundamental freedoms and supports legal
clarity for bothto increase awareness, especially among young European
consumers, of the need to respect IPR;

22. Calls on all parties concerned, including Internet service providers,
online sales platforms, rights- holders and consumers in the internal market;

25' organisations, with
regard to IPR infringements and the sale of counterfeit products online,
to adopt practical measures to alert and educate people on the value of
copyright and the impact of IPR infringements and counterfeiting on jobs
and growth, such as brief, visible and relevant educational and warning
messages;

23. Stresses that measures taken to enforce IPRs online and impacting
fundamental rights and freedoms must respect the Charter of Fundamental
Rights of the European Union, in particular Article 7 and 8, the European
Convention for the Protection of Human Rights and Fundamental Freedoms, ine need to educate young people to enable them to understand
what is at stake in intellectual property and to identify clearly what is
legal and what is not, by means of targeted public awareness campaigns,
particular Article 6, 8, and 10; recalls in this connection that Article
17 of the Charter of Fundamental Rights of the European Union provides for
the protection of intellectual property; Recalls as well the Directive
95/45 on the protection on the protection of individuals with regard to
the processing of personal data and on the free movement of such data;

26. Warns against non-legislative measures regarding the application of
IPR, as they may lead to the circumvention of legal safeguards, including
those concerning data protection and privacy;

27. Views as regrettable the fact that the Commission links the terms
'piracy' and 'counterfeiting' in its communication, thereby creating a
legal grey area with regard to the offence being referred to;

28. Wonders about the accuracy of the word 'piracy' as used to designate
the non-commercial exchange of content on line, which leads to a de facto
criminalisation of millions of European citizens,

29. Urges the Commission to distinguish, in the above -ly against online IPR infringement;

24. Calls on the Commission therefore to put pressure on the industry to
devise even more payment facilities, in order to make it easier for
European consumers to buy legally-offered content, so as to increase legal
downloading in the EU;

Tackling on-line infringement and protecting IPRs on the Internet

25. Agrees with the Commission that additional non-legislative measures
such as discussions on possible improvements to the digital market in
Europe through voluntary harmonisation of procedures and standards amongst
stakeholders can be useful to improve the application of IPRs,
particularly measures arising from in-depth dialogue among stakeholders;

26. Stresses that the enormous growth of unauthorised file sharing of
copyrighted works and recorded performances is an increasing problem for
the European economy in terms of job opportunities and revenues for the
industry as well as for government;

27. Regrets that the Commission has not mentioned or discussed the
delicate problem of online IPR infringements, which constitutes a major
aspect of this worldwide phenomenon in the age of digitisation of our
societies, particularly the issue of the balance between free access to
the Internet and the measures to be taken to combat this scourge
effectively; urges the Commission to broach this problem in its IPR
strategy, between unauthorized commercial or for profit massive
dissemination of files which is an obvious infringement of intellectual
property rights and should be punished, and non-commercial online file
sharing, which should not be prosecuted;

28. Stresses that a number of factors have allowed this phenomenon to
develop, particularly technological advances and the lack of legal offers;

~~30. R~~recalls that the "private copy" exception to IPRs exists in the
cultural area; calls on the Commission to consider how this provision can
be adapted to new technological progress and the Internet and linking it
to new business models for the creative sector;

31. Stresses that the European Commission, Members States and stakeholders
should take into account the fact that technological development generates
other forms of production, making it necessary to develop new economic and
trade models which must guarantee fairer returns for all categories of
rights-holderhowever that this phenomenon constitutes a violation of IPRs to
which appropriate, urgent solutions need to be found, geared to the sector
concerned and in compliance with fundamental rights;

3229. Stresses that support for and development of athe provision of a
diversified,
attractive, high-profile, legal range of goods and services ~~available~~
for
consumers ~~as soon as possible~~ may help to tackle the phenomenon of on-line
infringement,
and recognises in this respect that the lack of a
functioning internal
European digital market constitutes an important
obstacle to the
development of legal on-line offers;

33 and that the EU runs the risk of
condemning to failure efforts to develop the legitimate online market if
it does not recognise that fact and make urgent proposals to address it;

30. Asks, therefore, the Commission to pressure the industry to come up
with new payment facilities, in order to make it easier for European
consumers to buy legally-offered content, thereby ensuring that legal
downloading will increase in the EU;

31. Calls for specific legislation ensuring that private consumers who
have legitimately received, for their own private use, reproductions of
original products which are covered by protection under intellectual
property rights are not required to demonstrate the legitimacy of those
reproductions, but that it should be up to interested parties to prove any
violation of rules under the protection of intellectual property rights;

34. Calls the Commission to open a reflection on how to adapt intellectual
property to the new technologic developments and to invite all those
active in the sector, including in particular telecom operators and
2. Stresses that all parties concerned, including Internet service
providers, to join forces and seek solutions that are
equitable for large and small stakeholders as much as for consumers, that
guarantee fair, effective remuneration to all categories of rights
holders, real choice for consumers, cultural diversity and respect for
fundamental rights, including the right to data protection and privacy and
the right to access to the internet;

35. Calls on the Commission to make proposals to Member states and the
European Parliament envisaging alternative reward systems aimed at
compensate the authors for the on-line use of their workmust join in the dialogue with stakeholders in order to find
appropriate solutions; calls on the Commission, failing this, to submit a
legislative proposal or to amend existing legislation, particularly
Directive 2004/48/EC, so as to upgrade the Community legal framework in
this field on the basis of national experiences;

363. Calls on the Commission to think broadly about methods of facilitating
industry access to the digital market without geographical borders, taking
account of the particular features of each sector, by addressing urgently
the issue of multi-territory licences, ~~for which~~where there is substantial
demand
from consumers, and the lack of harmonised legislation with regard
to to
copyright as well as an effective and transparent system for rights
management, which would complement this existing growth in services which
are legal and which meet consumer demand for easier ubiquitous, instant
and customised access to content;

374. Stresses that the system for granting licences should be improved on
the basis of technical neutrality, in such a way that the Member States
have available to them a flexible, effective and transparent system which
can be adapted to the new technologies;

385. Calls on the Commission to review the issue of cross-border management
of rights and change the current situation of legal uncertainty created by
Commission Recommendation 2005/737/EC of 18 October 2005 on collective
cross-border management of copyrights, taking into account the fact that
copyright is inherently territorial for cultural, traditional and
linguistic reasons and ensuring a pan-European licensing system providing
consumers with access to the widest possible choice of content and not at
the expense of European local repertoire;

39. Invites the Commission to adopt an open-ended approach to the
proposals that have emerged regarding the recognition of online non
commercial file sharing by producing comprehensive data regarding the
economic aspects of mutualised funding schemes for creation based on
non-market exchanges of digital content (such as the 'creative
contribution' or 'Kulturflatrate');

40. Considers it essential to have adequate funding for cultural and
creative industries as well as for creative communities, and calls on the
Council, the Commission and the Member States to take the action required,
recommending mixed methods of funding and financial security, and
promoting a regulatory and fiscal framework that favours cultural
industries as well as creative communities, and more particularly the
application of tax credits and reduced rates of VAT to all cultural
products, including online works;

41. Asks the European Commission to promote availability of EU-wide
licences for intellectual property rights (IPR), which have first been
subject to a detailed impact assessment, taking into account the
differences between content industries;

426. Draws attention, furthermore, to the growing problem of Internet-based
industrial espionage and theft of data constituting industrial property,
in particular technical documentation and source code;

4337. Proposes that the Observatory should carry out a detailed analysis of
the problem of data theft and put forward proposals for combating the
problem;

38. Calls on the Commission to identify the particular problems and needs
of SMEs, to develop specific measures to assist SMEs in disputes related
tothe fight against
infringements of intellectual property rights and to enable SMEs to better
protect
themselves both in the EU and in third countries;

Strengthening relations to consumer

44. Takes note of the limited success of the awareness campaigns for
respecting online IPR;

45. Calls on the Commission to work together with the industry to develop
more diverse payment facilities that can be used for on-line and
cross-border purchases by consumers who do not have access to a credit
card, in order to make it easier for European consumers to buy
legally-offered content, and thereby promote the achievement of the
digital internal market;

The international dimension and impact on the internal market

4639. Supports steps taken by the Commission with a view to identifying the
best ways to further improve the EU Customs Regulation and calls on the
Commission and Member States to ensure that the, which allows the
detention of goods whose
illegality is not proven should be as short as possible to avoid
illegitimately blocking international transfers of such goodsuspected of infringing IPRs and is, as such, one of
the pillars of the Union's legal framework designed to enforce IPRs;

470. Calls on the Commission to pursue innovative and upgraded cooperation
between administrative departments and the various sectors of industry
concerned, without prejudice to the traditional and legal distinction
between the roles and competences of the law enforcement and judicial
authorities and of the industry;

48. Considers that any measure restricting free access to the Internet
should only be issued by a judicial body;

41. Calls on the Member States and the Commission to extend the
cooperation between the Office for Harmonisation in the Internal Market
and national intellectual property offices to also cover the fight against
infringements of intellectual property rights;

42. Recognises the need for the use of existing institutional structures
in the Member States in the fight against counterfeited goods, and
therefore calls on the national patent and other intellectual property
offices to provide greater support and training to small and medium-sized
enterprises and to the public;

493. Calls on the Commission to ~~resume~~step up its cooperation with priority third
countries with regard to intellectual property and promote a balanced
approach in the context of the negotiations on intellectual property under
the auspices of the World Trade Organisation concerning intellectual
property, particularly in the framework of the Agreement on Trade-Related
Aspects of Intellectual Property Rights (TRIPS);

5044. Calls on the Commission to ensure thatits efforts ~~in the~~to further the
negotiations
on the multilateral Anti-Counterfeiting Trade Agreement
(ACTA)are limited
to the existing European with a view to improving the effectiveness of the IPR enforcement
system against counterfeiting, in
accordance with are continued with full account being taken
of the Parliament's position, in particular as expressed in its resolution
of 10 March 2010; reiterates its calls on
the Commission to keep the Parliament immediately and8 December 2008 on the impact of counterfeiting on international
trade, and calls on it to fully informed at
all stages Parliament on the progress and
outcome of the negotiations, and to ensure that the provisions of ACTA
fully
comply with the acquis communautaire on IPR and fundamental rights;

51. Reiterates its calls on the Commission to ensure that ACTA only
concentrates on IPR enforcement measures and not on substantive IPR issues
such as the scope of protection, limitations and exceptions, secondary
liability or liability of intermediaries, and that ACTA is not used as a
vehicle for modify45. Supports the continuation and enhancement by the Commission of
bilateral cooperation initiatives, including 'IP dialogues' with third
countries and technical assistance projects;

46. Notes that the biggest challenge for the internal market lies in
combating infringements of intellectual property rights at the EU's
external borders and ing the existing European IPR enforcement framework;

52. Cird countries; in this respect, calls on the
Commission to crefuse any provision that could allow
trademark and copyright holders to intrude on the privacy of alleged
infringers without due legal process, furate more intellectual property helpdesks in third
countries (notably in India and Russia) in order to help European
entrepreneurs with the more active enforcement of their criminalise non-commercial
copyintellectual
property rights and trademark infringements or reinforce Digital Rights
Management technologies at the cost of the rights of the publicin combating infringements of intellectual property
rights in third countries and the entry into the Internal Market of
counterfeited goods manufactured in such third countries;

Organised crime

5347. Stresses the importance of fighting organised crime in the area of
~~counterfeiting of goods~~IPRs, in particular counterfeiting and online IPR infringement; points out
in this context the need for
appropriate EU legislation on proportional
and fair sanctions and supports
close strategic and operational
cooperation between all the interested
parties within the EU, in
particular Europol, national authorities and the
private sector, as well
as with non-EU states and international
organisations;

5448. Instructs its President to forward this resolution to the Council, the
Commission, the European Economic and Social Committee and the parliaments
and governments of the Member States.

Pippi Longstrings (beta)

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