committee on legal affairs brussels, 19 june 2018 · am 101 andersson, reda falls if amc 9 or am 99...

1

COMMITTEE ON LEGAL AFFAIRS Brussels, 19 June 2018

- Secretariat - MN/JBP

FINAL VOTING LIST

on the draft report

three-dimensional printing, a challenge in the fields of intellectual property rights and civil

liability

2017/2007 (INI)

Rapporteur: Jöelle Bergeron

Part of the text

being considered

Subject of the

vote

Comments Rapp.'s

opinion

Voting

result

Paragraph 1

AMC 9

If adopted, go to AM 107

+

AM 99

Boutonnet,

Lebreton

Falls if AMC 9 is adopted. -

AM 101

Andersson,

Reda

Falls if AMC 9 or AM 99 is

adopted.

-

AM 100

Marino y

Pinto, Cavada

Falls if AM 99 or 101 is

adopted.

AM 102

Delvaux

Compatible with AM 100.


adopted.

AM 103

Karim

Falls if AM 99, 100, 101 or

102 is adopted.

AM 104

Guoga

Falls if AM 99, 100, 101, 102

or 103 is adopted

AM 105

Cavada

Falls if AM 99, 100, 101, 102,

103 or 104 is adopted.

AM 106

Didier

Compatible with AM 100, 102,

103, 104 and 105. Falls if AM

99 or 101 is adopted.

2

Paragraph 1 a

(new)

AM 107

Buda

-

Paragraph 2 AM 108

Andersson,

Reda

Deletion


-

AM 109

Rozière

Linguistic AM

Falls if AM 108 is adopted.

+

Paragraph 3 AM 110

Guoga

Deletion

If adopted, go to AMC 10

-

AM 111

Gasbarra

Falls if AM 110 is adopted. -

AM 112

Didier



+

AM 113

Bergeron

Compatible with AM 111 and

112. Falls if AM 110 is

adopted.

+

AM 114

Delvaux

Compatible with AM 111, 112

and 113. Falls if AM 110 is

adopted.

+

Paragraph 4

AMC 10


+

AM 115

Karim


AM 116

Andersson


adopted.

-

AM 117

Gasbarra

Falls if AMC 10, AM 115 or

116 is adopted.

0

AM 118

Guoga

Falls if AM 115, 116 or 117 is

adopted.

AM 119

De Grandes

Pascual

Falls if AM 115, 116, 117 or

118 is adopted.

AM 120

Buda

Falls if AM 115, 116, 117, 118

or 119 is adopted.

AM 121

Boutonnet,

Lebreton

Falls if AMC 10, AM 115,

116, 117, 118, 119 or 120 is

adopted.

0

Paragraph 4 a

(new)

AM 122

De Grandes

Pascual

+

Paragraph 4 a

(new)

AM 123

Gebhardt

+

Paragraph 5 AM 124

Boutonnet,

Lebreton

Deletion

Identical


-

AM 125

Andersson

3

AM 126

Buda

Falls if 124/125 is adopted. +

AM 127

Bergeron


Falls if 124/125 is adopted.

+

AM 128

Guoga


127. Falls if 124/125 is

adopted.

+

AM 129

Mastalka,

Chrysogonos


127. Falls if 124/125 or 128 is

adopted.

+

Paragraph 6 AM 130

Boutonnet,

Lebreton

Deletion

Identical


-

AM 131

Guoga

AM 132

Andersson

Falls if AM 130/131 is

adopted.

-

Paragraph 7 AM 133

Andersson

Deletion


-

AM 134

Bergeron

Withdrawn

No vote

AM 135

Cavada

Falls if AM 133 is adopted. +

AM 136

Boutonnet,

Lebreton



+

Paragraph 7 a

(new)

AM 137

De Grandes

Pascual

+

Paragraph 8 AM 138

Bergeron

+

AM 139

Andersson

Compatible with AM 138. +

AM 140

Guoga


139.

+

Paragraph 8 a

(new)

AM 141

Reda,

Andersson

-

Paragraph 9

AM 142

Boutonnet,

Lebreton

-

Paragraph 9 a

(new)

AM 143

Boutonnet,

Lebreton

-

Paragraph 10 AM 144

Boutonnet,

Lebreton

Deletion


-

4

AM 145

Guoga


Paragraph 10 a

(new)

AM 146

Delvaux

+

Paragraph 10 a

(new)

AM 147

Bergeron

+

Paragraph 10 a

(new)

AM 148

De Grandes

Pascual

. +

Paragraph 10 a

(new)

AM 149

Delvaux

+

Citation 1 a (new) AM 1

Bergeron

+

Citation 1 b (new) AM 2

Bergeron

+

Citation 1 c (new) AM 3

Bergeron

+

Citation 1 d (new) AM 4

Bergeron

+

Citation 1 e (new) AM 5

Bergeron

+

Citation 1 f (new) AM 6

Bergeron

+

Recital A

AMC 1


+

AM 7

De Grandes

Pascual

Identical

AM 8

Guoga

AM 9

Karim

AM 10

Buda

Falls if AM 7, 8 and 9 are

adopted.

AM 11

Andersson

Falls if AMC 1, AM 7, 8 and 9,

or AM 10 are adopted.

+

Recital A a (new) AM 12

Guoga

+


Bergeron

+


De Grandes

Pascual

+

Recital A b (new) AM 15

Bergeron

+

Recital A b (new) AM 16

De Grandes

Pascual

+

5

Recital A c (new) AM 17

de Grandes

Pascual

+

Recital B

AMC 2


+

AM 18

Mastalka,

Chrysogonos

AM 19

Guoga


adopted.

-

AM 20

Andersson


adopted.

AM 21

Boutonnet,

Lebreton

Falls if AMC 2, AM 18, 19 or

20 is adopted.

+

Recital B a (new) AM 22

De Grandes

Pascual

+

Recital B a (new) AM 23

Andersson,

Reda

+

Recital B b (new) AM 24

De Grandes

Pascual

Split vote:

1. “inevitably”

2. The rest of the text

-

-

Recital C

AMC 3


+

AM 25

Buda

AM 26

De Grandes

Pascual


AM 27

Gasbarra


26.

AM 28

Guoga


27. Falls if AM 25 is adopted.

Recital C a (new) AM 29

Popa


Buda

+


De Grandes

Pascual

-


Bergeron

+

6

Recital C b (new) AM 33

Bergeron

+

Recital D AM 34

Cavada

Deletion


-

AM 35

De Grandes

Pascual


AM 36

Boutonnet,

Lebreton


adopted.

+

Recital E

AMC 4


+

AM 37

Popa

AM 38

Mastalka,

Chrysogonos


AM 39

Guoga


38.

AM 40

Boutonnet,

Lebreton

Compatible with AMC 4, AM

37, 38 and 39.

+

Recital E a (new) AM 41

Boutonnet,

Lebreton

-


Bergeron

+

Recital E b (new) AM 44

Bergeron

+

Recital F

AMC 5


+

AM 46

Guoga

AM 47

De Grandes

Pascual


AM 45

Boutonnet,

Lebreton

Falls if AMC 5, AM 46 or 47

is adopted.

+

AM 48

Andersson

Falls if AMC 5, AM 46, 47 or

45 is adopted.

-


De Grandes

Pascual

Separate vote if AMC 5 is not

adopted

Recital F a (new) AM 49

De grandes

Pascual

+

7

Recital G

AMC 6


+

AM 51

Matsalka,

Chrysogonos

AM 52

Cavada,

Marinho e

Pinto


AM 53

Guoga

Compatible with AM 51. Falls

if AM 52 is adopted.

AM 50

Boutonnet,

Lebreton

Compatible with AMC 6, AM

51, 52 and 53.

-

Recital H AM 54

De Grandes

Pascual

-

AM 55

Cavad,

Marinho e

Pinto

Deletion

Identical


AM 56

Karim

AM 57

Gasbarra

Falls if AM 54-56 are adopted. +

AM 58

Buda

Falls if AM 54-56, or 57 are

adopted.

+

AM 59

Delvaux

Falls if AM 54-56, or 57 or 58

are adopted.

+

AM 61

Andersson

Falls if AM 54-56, or 57, 58 or

59 are adopted.

-

AM 62

Boutonnet,

Lebreton

Falls if AM 54-56, or 57, 58,

59 or 61 are adopted.

+

AM 60

Mastalka,

Chrysogonos

Compatible with AM 57, 58,

59, 61 and 62. Falls if AM 54-

56 are adopted.

+

Recital H a (new) AM 63

De Grandes

Pascual

+

Recital H b (new) AM 64

De Grandes

Pascual

-

Recital I AM 65

Andersson,

Reda

-

8

AM 66

Mastalka,

Chrysogonos

Deletion of “from a copyright

point of view” compatible with

AM 65.

-

AM 67

Guoga

Substituting “useful” with

“certain” compatible with AM

65 and 66.

-

Recital I a (new) AM 68

Buda

Recital J

AM 69

Andersson

+

Recital J a (new) AM 70

De Grandes

Pascual

+

Recital K AM 71

Andersson

If adopted, go to AM 73 -

AM 72

Cavada

Falls if AM 71 is adopted +

Recital L AM 73

Andersson

Reda

Deletion


-

AM 74

Buda

Falls if AM 73 is adopted. +

AM 75

Bergeron


adopted.

+

AM 76

De Grandes

Pascual

Compatible with AM 75. Falls

if AM 73 or 74 is adopted.

+

Recital L a (new) AM 77

Andersson,

Reda

-

Recital M AM 78

de Grandes

Pascual

Deletion

Identical


-

AM 79

Cavada

AM 80

Andersson

Falls if AM 78/79 are adopted. -

AM 81

Delvaux

Falls if AM 78/79 or 80 are

adopted.

+

AM 82

Rozière

Falls if AM 78/79, 80 or 81 are

adopted.

+

Recital M a (new) AM 83

Delvaux

+

Recital M a (new) AM 84

Andersson

+

Recital N

AMC 7


+

AM 85

9

Cavada,

Marinho e

Pinto

AM 86

Guoga

Identical


-

AM 87

Mastalka,

Chrysogonos

AM 88

De Grandes

Pascual


Compatible with AM 86/87.

Recital O

AMC 8


+

AM 89

Boutonnet,

Lebreton


AM 90

Guoga


adopted.

-

AM 91

Andersson,

Reda, Hautala


adopted.

AM 92

Buda

Falls if AM 89, 90 is adopted.


AM 93

Popa

Falls if AM 89, 90, 91 or 92 is

adopted.

AM 94

Cavada

Falls if AM 89, 90, 91, 92 or

93 is adopted.

Recital O a (new) AM 95

Buda

-

Recital P a (new) AM 96

De Grandes

Pascual

Split vote:

1. “and more cost-effective”

2. The rest of the text

-

-

Recital P a (new) AM 97

Andersson,

Reda, Hautala

+

Recital P b (new) AM 98

Andersson,

Reda

-

DRAFT

OPINION AS A

WHOLE

+

10

COMPROMISE AMENDMENTS

AMC 1

Replacing Amendments 7, 8, 9, 10

Motion for a resolution

Recital A

Motion for a resolution Amendment

A. whereas three-dimensional (3D)

printing became accessible to the general

public when 3D printers for individuals

were placed on the market; whereas that

market should, however, remain marginal

in the medium term, taking into account

the cost of printers and materials, the

limited capacity of 3D printers designed

for individual use, and the limited number

and nature of materials made available to

consumers;

A. whereas three-dimensional (3D)

printing became accessible to the general

public when 3D printers for individuals

were placed on the market and when

companies arrived on the market offering

both digital models and 3D printing

services;

AMC 2

Replacing Amendments 18, 20


Recital B


B. whereas the majority of the 3D-

printed products being created are

prototypes;

B. whereas the majority of the 3D-

printed products being created are

prototypes; whereas some industries have

been using final parts for a number of

years already and the final parts market

continues to grow at a relatively fast rate;

whereas a growing proportion of the 3D-

printed products being created are now

more ready-to-be-used or -commercialised

items than mere prototypes;

11

AMC 3

Replacing Amendments 25, 26, 27, 28, 29


Recital C


C. whereas expectations are high in

many areas, for example, the medical,

aeronautics, aerospace, automotive,

building, architecture and design sectors;

C. whereas most of today’s high-tech

industries use this technology, whereas

opportunities to use 3D-printing have

greatly increased in many areas, and

whereas expectations are high in many

areas, for example in the medical sector

(ranging from regenerative medicine to

the manufacture of prosthetics),

aeronautics, aerospace, automotive,

household electrical appliance, building,

archaeological research, architecture,

mechanical engineering, leisure and

design sectors;

AMC 4

Replacing Amendments 37, 38, 39


Recital E


E. whereas 3D-printing technology

could help to create new jobs that are less

physically demanding and less dangerous

(maintenance technicians, engineers,

designers, etc.) and also reduce production

and storage costs (low-volume

manufacturing, personalised

manufacturing, etc.);

E. whereas 3D-printing technology is

expected to create more new jobs for

skilled labour that are less physically

demanding and less dangerous

(maintenance technicians, engineers,

designers, etc.), and whereas with the

creation of new technician positions (e.g.

operator for 3D printers) new liabilities

will emerge and the 3D-printing industry

will need to provide the appropriate

trainings in order for the technicians to be

at the same level with their counterparts

in traditional manufacturing; whereas

3D-printing technology will also reduce

production and storage costs (low-volume

manufacturing, personalised

12

manufacturing, etc.); whereas, however,

the decrease in manufacturing jobs may

affect the economy of countries that rely

on a large number of low-skill jobs;

AMC 5



Recital F


F. whereas 3D-printing technology

raises specific legal and ethical issues

regarding intellectual property and civil

liability, and whereas those issues fall

within the remit of the Committee on Legal

Affairs;

F. whereas 3D-printing technology

may raise some specific legal and ethical

concerns and affect areas of intellectual

property law, such as copyright, patents,

designs, three-dimensional trademarks

and even geographical indications, and

civil liability, and whereas, moreover,

those concerns fall within the remit of the

Committee on Legal Affairs;

AMC 6



Recital G


G. whereas 3D-printing technology

also raises security issues, particularly

with regard to the manufacturing of

weapons, explosives and drugs, and

particular care should be taken with regard

to production of that kind;

G. whereas 3D-printing technology

may also raise security and especially

cyber-security concerns, particularly with

regard to the manufacturing of weapons,

explosives and drugs and any other

hazardous objects, and particular care

should be taken with regard to production

of that kind;

13

AMC 7



Recital N


N. whereas Directive 85/374/EEC on

liability for defective products covers all

contracts; whereas it should be noted that it

is progress in 3D printing that has led the

Commission to undertake a revision of that

Directive to check whether it still meets

current needs;

N. whereas Directive 85/374/EEC on

liability for defective products covers all

contracts; whereas it should be noted that it

is progress in 3D printing amongst other

things that has led the Commission to

undertake a public consultation with the

aim of assessing whether this Directive is

fit for purpose in relation to new

technological developments;

AMC 8



Recital O


O. whereas general liability rules also

apply to 3D printing; whereas a specific

liability regime could be envisaged for

damage caused by an object created using

3D-printing technology, as the number of

stakeholders involved in the process often

makes it difficult for the victim to identify

the person responsible; whereas those rules

could make the creator or vendor of the 3D

file liable, or the producer of the 3D

printer, the producer of the software used

in the 3D printer, the supplier of the

materials used or even the person who

created the object, depending on the cause

of the defect discovered;

O. whereas general liability rules also

cover the liability of intermediary service

providers as defined in Articles 12 to 14 of

the e-commerce Directive, whereas a

specific liability regime should be

envisaged for damage caused by an object

created using 3D-printing technology, as

the number of stakeholders involved and

the complex process used to create the

finished product often make it difficult for

the victim to identify the person

responsible; whereas the liability could lie

with the creator or vendor of the 3D file, or

the producer of the 3D printer, the

producer of the software used in the 3D

printer, the supplier of the materials used

or even the person who created the object,

depending on the cause of the defect

discovered;

14

AMC 9

Replacing Amendments 100, 102, 103, 104, 105, 106


Paragraph 1


1. Stresses that to anticipate problems

relating to accident liability or intellectual

property infringement, the EU will have to

adopt new legislation or tailor existing

laws to the specific case of 3D technology;

stresses that, in any case, the legislative

response should avoid duplicating rules

and should take into account projects that

are already under way; adds that

innovation needs to be accompanied by

law, without the law acting as a brake or a

constraint;

1. Stresses that to anticipate problems

relating to civil liability or intellectual

property infringement that 3D printing

might cause in the future, the EU might

have to adopt new legislation and tailor

existing laws to the specific case of 3D

technology, taking into account the

decisions of the European Union

Intellectual Property Office (EUIPO) and

the relevant case law of the EU and

Member State courts and after having

carried out a thorough impact assessment

evaluating all policy options; stresses that,

in any case, the legislative response should

avoid duplicating existing rules and should

take into account projects that are already

under way, in particular the legislation on

copyright currently applicable to 2D

printing; adds that innovation needs to be

promoted and accompanied by law,

without the law acting as a brake or a

constraint;

AMC 10



Paragraph 4


4. Notes that solutions of a legal

nature could make it feasible to control the

legal reproduction of 3D objects protected

by copyright, for example, digital and 3D-

printing providers could systematically

display a notice on the need to respect

intellectual property, a legal limit could be

introduced on the number of private

copies of 3D objects in order to prevent

4. Notes that solutions of a legal

nature if necessary could make it feasible

to control the legal reproduction of 3D

objects protected by copyright, for

example, digital and 3D-printing providers

could systematically display a notice on the

need to respect intellectual property;

emphasises, in that context, the

importance of elements that make it

15

illegal reproduction, and a tax on 3D

printing could be levied to compensate

intellectual property rights holders for

damages suffered as a result of private

copies being made in 3D;

possible to trace 3D objects; emphasises

that if a 3D copy constitutes a private

copy, national laws governing exemptions

for private copies will apply, including as

regards compensation or revenue

collection;

committee on legal affairs brussels, 19 june 2018 · am 101 andersson, reda falls if amc 9 or am 99...

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