[drn-discuss] [Fwd: commission proposal on criminal law sanctions to IP infringements]

[Rufus Pollock]

-------- Original Message --------
Subject: 	commission proposal on criminal law sanctions to IP infringements
Date: 	Wed, 13 Jul 2005 11:04:12 +0200


Even not a week after the rejection by the European Parliament of the
software patents directive, the European Commission produces a Directive
that is the folow-up of the copyright directive and the IP enforcement
directive.

A new battle ground for the supporters of information commons and of
privacy ...

L

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http://europa.eu.int/rapid/pressReleasesAction.do?reference=IP/05/906&format=HTML&aged=0&language=EN&guiLanguage=en 

<http://europa.eu.int/rapid/pressReleasesAction.do?reference=IP/05/906&format=HTML&aged=0&language=EN&guiLanguage=en>


*IP/05/906*

Brussels, 12 July 2005


   *Counterfeiting and piracy: the Commission proposes European
   criminal-law provisions to combat infringements of intellectual
   property rights*

*/Today the European Commission adopted proposals for a directive and
for a framework decision to combat infringements of intellectual
property rights. The purpose of the proposed measures is to align
national criminal law and improve European cooperation so as to deal
effectively with counterfeiting and piracy activities, which are often
carried out by criminal organisations. Counterfeiting and piracy, and
infringements of intellectual property in general, have increased
significantly in recent years and seriously undermine several sectors of
the European economy./*

Franco Frattini, Vice-President of the European Commission responsible
for Justice, Freedom and Security, remarked that the new measures
proposed by the Commission form the criminal law front to the fight
against counterfeiting and piracy in Europe. Effective alignment of
national criminal law in this domain, he declared, “forms a basic
platform underpinning our joint efforts to eradicate these phenomena
which are undermining the economy”. Criminal organisations are now
investing in these activities which are often more lucrative than other
types of trafficking and still carry light penalties. Counterfeiters and
pirates jeopardise legitimate businesses and threaten
innovation. Furthermore, in many cases, counterfeit goods pose a real
danger to public health and safety.

The proposed measures apply to all types of infringements of
intellectual property rights. Under the proposal for a directive, all
intentional infringements of an intellectual property right on a
commercial scale, and attempting, aiding or abetting and inciting such
infringements are treated as criminal offences.

The proposal for a framework decision sets a threshold for criminal
penalties applicable to the perpetrators of these offences: at least
four years' imprisonment if the offence involves a criminal organisation
or if it jeopardises public health and safety. The applicable fine must
be at least EUR 100 000 to EUR 300 000 for cases involving criminal
organisations or posing a risk to public health and safety. The proposal
allows Member States to apply tougher penalties.

The Commission hopes that this clear political signal reflecting the
determination to combat piracy and counterfeiting will be supported by
concerted, long-term information campaigns by national and regional
authorities and other interested parties to raise awareness, not only
among key players in the fight against counterfeiting and piracy but
also amongst the wider public as a whole.