[Ecommerce] EUCommission proposes criminal law provisions for IP infringements

[Jeff Williams]

Michelle and all,

  Perhaps the EU will next consider egregious forms of capital
punishment for IP infractions/violations?

  Criminal sanctions will do little to address IP issues and or
abuses except to fill jails and prisons with violators, and clog
already strained criminal court systems with a more cases.

  Rather a more reasonable approach would be to moderate
the current IP rules, regulations and laws in order to be somewhat
reasonable in a changing world...

Michelle Childs wrote:

>  The EU  is proposing another benefit for IP holders: criminal sanctions =
.
> As it applies to all IP this means potential further chilling effects on
> patents, as well as more fear mongering in copyright actions.
> Michelle
>
>  <SNIP> 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.
>
> --
>
> http://europa.eu.int/rapid/pressReleasesAction.do?reference=3DIP/05/906&f=
ormat=3DHTML&aged=3D0&language=3DEN&guiLanguage=3Den
>
> <http://europa.eu.int/rapid/pressReleasesAction.do?reference=3DIP/05/906&=
format=3DHTML&aged=3D0&language=3DEN&guiLanguage=3Den>
>
> *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, =93forms a basic
> platform underpinning our joint efforts to eradicate these phenomena
> which are undermining the economy=94. 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.
>
> --
> 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
> PO Box 19367, Washington, DC 20036, USA
> Tel.:  1.202.387.8030, fax: 1.202.234.5176
>
> Consumer Project on Technology in Geneva
> 1 Route des  Morillons, CP 2100, 1211 Geneva 2, Switzerland
> Tel: +41 22 791 6727
>
> _______________________________________________
> Ecommerce mailing list
> Ecommerce@lists.essential.org
> http://lists.essential.org/mailman/listinfo/ecommerce

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
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