[SWLUG] Fwd: [GreenSource] commission proposal on criminal law sanctions to IP infringements

[Jim Killock]

Begin forwarded message:

Subject: [GreenSource] commission proposal on criminal law sanctions to  
IP infringements

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
 

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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