The Commission today adopted proposals for a Directive and for a
framework decision to combat infringements of intellectual property
rights. Apart from harmonising national laws, its plan is to
improve European cooperation in the fight against counterfeiting
and piracy activities, which are often carried out by criminal
organisations.
Most piracy is already illegal across the EU; but the Commission
says the penalties vary considerably and are often too lenient.
Under the proposal for a Directive, intentional infringement of
any intellectual property right on a commercial scale, and
attempting, aiding or abetting and inciting such infringements are
treated as criminal offences.
It's not just CDs and DVDs that attract the pirates. In a study
of counterfeit and pirated goods seized by Customs in 2004 at the
external borders of the EU member states, Hungary seized 300,000
counterfeit face and body lotions, Malta seized 10,000 car parts,
Lithuania intercepted 400,000 batteries, and Estonian customs
intercepted 11 shipping vessels full of counterfeit clothes.
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 €100,000 to €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 texts of the proposals for the Directive and framework
decision were not available at the time of writing.
