[Fsfe-ie] Enforcement Directive mark two

[teresahackett at eircom.net]

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.