[A2k] EU: Criminal sanctions to fight piracy and counterfeiting backed by the Legal Affairs' committee

[Vera Franz]

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Intellectual property rights: criminal sanctions to fight piracy and
counterfeiting Research and innovation - 20-03-2007 - 14:31
http://www.europarl.europa.eu/news/expert/infopress_page/057-4356-078-03-12=
-909-20070319IPR04284-19-03-2007-2007-false/default_en.htm[1]
The first EU directive aiming at harmonising national criminal law was back=
ed
by the Legal Affairs' committee, when it adopted on Tuesday a first-reading
report on a legislation imposing criminal sanctions for the infringement of
intellectual property rights. The issue now goes before the April plenary
session.
Nicola Zingaretti (PES, IT), Parliament's rapporteur, said: "We are turning=
 a
new page: this is the first directive where criminal law is included.
[=E2=80=A6]=C2 To harmonise criminal codes will be a radical new thing".=C2=
  If approved
by Parliament and the Council, the proposed directive would oblige all Memb=
er
States to consider as a criminal offence all intentional infringements of a=
n
intellectual property right carried out on a commercial scale. The text
proposes, as a deterrent, measures ranging from fines to imprisonment,
according to the gravity of the crime.
=C2
Members of the Legal Affairs' committee backed the overall aim of the
Commission proposal, while amending some of its provisions. They excluded
patent rights from the scope of the Directive, and decided that criminal
sanctions should only apply to those infringements deliberately carried out=
 to
obtain a commercial advantage. Piracy committed by private users for person=
al,
non-profit purposes are=C2 therefore also excluded.
=C2
The report aims to ensure that national judicial authorities will always be
able to impose sufficiently serious penalties by setting out minimum levels
for the upper limits on punishments imposed by national law. In=C2 cases of
serious crimes committed by a criminal organisation, the=C2 maximum penalty=
 must
be at least =E2=82=AC300 000 and/or four years' imprisonment. The same appl=
ies where
the offences carry a health or safety risk. For less serious infringements,
the maximum penalties should include criminal and=C2 civil fines=C2 of at l=
east
=E2=82=AC100 000. In some cases, remedies can include the seizure and destr=
uction
of=C2 counterfeited goods.
=C2
A series of provisions on investigations=C2 was also=C2 approved. Member St=
ates
are asked to ensure that the possibility of initiating investigations is no=
t
dependent on a formal accusation, at least when acts were committed in the
territory of the Member State. Moreover, EU countries, if the directive is
adopted,=C2 would have to allow holders of violated intellectual property r=
ights
to assist investigations undertaken by joint investigation teams.
=C2
The proposed directive reflects the Commission's interpretation of the
European Court of Justice=E2=80=99s judgment of 13 September 2005. Accordin=
g to the
Commission, this ruling=C2 allows=C2 for measures under the Community metho=
d
to=C2 insist on criminal=C2 sanctions,=C2 when these are required for the e=
ffective
implementation of Community law.=C2  This view is contested by those who be=
lieve
criminal law cannot be a competence of the Community - but amendments
rejecting the entire proposal on this basis were defeated in the vote.
Procedure: codecision, first reading -- Vote in plenary: April, Strasbourg
19/03/2007
Committee on Legal Affairs
Chair : Giuseppe Gargani (EPP-ED, IT)

--
Vera Franz
Program Manager
Information Program
<www.soros.org/ip[2]>
Open Society Foundation
100, Cambridge Grove
London W6 0LE
phone +44 20 7031 0219
fax +44 20 7031 0247

=3D=3D=3DReferences:=3D=3D=3D
  1. http://www.europarl.europa.eu/news/expert/infopress_page/057-4356-078-=
03-12-909-20070319IPR04284-19-03-2007-2007-false/default_en.htm
  2. http://www.soros.org/ip