[A2k] EU Commission reissues IPRED2 as a Directive

[Michelle Childs]

The Commission has just released the 'new' IPRED 2' Directive proposing
increased criminal sanctions for counterfeiting and piracy. The previous
proposals had to be withdraw due to a procedural dispute over which legal
instrument the Commission had to use.

The proposals are broadly the same and are opposed by NGO's for a number
of reasons not least because the scope of the offence and  its application
are unclear. One other change is that the discussions on the draft
Directive are now being  lead by another Commission Directorate DG
Justice.

See below for the Commissions press release

Michelle

http://europa.eu.int/rapid/pressReleasesAction.do?reference=3DIP/06/532&amp=
;format=3DHTML&aged=3D0&language=3DEN&guiLanguage=3Den

Counterfeiting and piracy: Commission proposes criminal law provisions to
combat intellectual property offences


IP/06/532

Brussels, 26 April 2006

Counterfeiting and piracy: Commission proposes criminal law provisions to
combat intellectual property offences
The Commission has today adopted a proposal for a directive to combat
intellectual property offences that amends the proposal approved by it on
12 July 2005. It is thus responding to the Court ruling of 13 September
2005 in Case C-176/03, according to which the criminal law provisions
necessary for the effective implementation of Community law are a matter
for Community law[1]. Accordingly, the proposal for a Council framework
decision to strengthen the criminal law framework to combat intellectual
property offences[2] has been withdrawn and its provisions incorporated
into the amended proposal for a directive.

According to Commission Vice-President Franco Frattini, who is responsible
for justice, freedom and security matters, the new provisions proposed by
the Commission represent the criminal law dimension of the fight against
counterfeiting and piracy in Europe. Effective approximation of Member
States=92 criminal legislation in this field is the minimum needed to pursu=
e
together a major campaign aimed at eradicating these phenomena, which are
causing serious harm to the economy. Nowadays, criminal organisations are
focusing on these activities, which are often more lucrative than other
forms of trafficking and on which the authorities do not crack down as
much. Counterfeiters and pirates undermine legitimate businesses and pose
a threat to innovation. What is more, in many cases the counterfeit goods
are prejudicial to public health and safety. For the most recent
statistics on counterfeiting listed by Member State please see the link:

http://europa.eu.int/comm/taxation_customs/customs/customs_controls/counter=
feit_piracy/statistics/index_en.htm

The proposed measures are designed to bring Member States=92 criminal
legislation more closely into alignment and to improve European
cooperation so as to combat more effectively counterfeiting and piracy,
which are frequently committed by criminal organisations, often pose a
risk to health and safety, and seriously harm the interests of many
sectors in the European economy.

The arrangements will have to be applied to all types of intellectual
property right infringements. In the directive, all intentional
infringements of an intellectual property right on a commercial scale,
including attempting, aiding and abetting such infringements, are treated
as criminal offences. The minimum sentence is a term of four years=92
imprisonment where the infringement is committed under the aegis of a
criminal organisation or carries a serious risk to the health and safety
of individuals. The amount of the fine will have to be at least EUR 100
000 or EUR 300 000 where there is a link with a criminal organisation or
any risk to health and safety. Member States may impose heavier penalties
or fines.





--
Michelle Childs -Head of European Affairs
Consumer Project on Technology in London
24, Highbury Crescent, London, N5 1RX,UK.
Tel:+44(0)207 226 6663 ex 252.
Mob:+44(0)790 386 4642. Fax: +44(0)207 354 0607
http://www.cptech.org

Consumer Project on Technology in Washington, DC
1621 Connecticut Ave, NW, Washington, DC 20009 USA .Tel.:
+1.202.332.2670,Fax: +1.202.332.2673

Consumer Project on Technology in Geneva
1 Route des  Morillons, CP 2100, 1211 Geneva 2, Switzerland
Tel: +41 22 791 6727