[Fsfe-ie] Enforcement Directive mark two
teresahackett at eircom.net
teresahackett at eircom.net
Wed Jul 13 12:43:36 CEST 2005
This is a Commission proposal introducing criminal sanctions for IP
infringements under the "correct" legal basis, aka IPR Enforcement
Directive Mark Two. It applies to all types of infringements and no
financial benefit is required by the "commercial scale" standard. It has
been described as a worse threat to free software than software patents.
FFII and others have been alerted.
Thanks to edri.
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Counterfeiting and piracy: the Commission proposes European criminal-law
provisions to combat infringements of intellectual property rights
Reference: IP/05/906 Date: 12/07/2005
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.
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