The target is counterfeiters and pirates, particularly those
operating as criminal gangs, who are causing serious harm to the
economy and post a threat to innovation. The proposed measures are
designed to bring Member States’ criminal legislation more closely
into alignment and to improve European cooperation.
Today's proposal amends a similar proposal of last July (now
withdrawn) and responds to a court ruling in September which said
that the criminal law provisions necessary for the effective
implementation of Community law are a matter for Community law.
In the proposed Directive, all intentional infringements of an
intellectual property right on a commercial scale, including
attempting, aiding and abetting such infringements, are treated as
criminal offences.
The minimum sentence is a term of four years’ imprisonment where
the infringement is committed under the aegis of a criminal
organisation or carries a serious risk to the health and safety of
individuals. The amount of the fine will have to be at least
€100,000 or €300,000 where there is a link with a criminal
organisation or any risk to health and safety.
Member States will have discretion to impose heavier penalties
or fines.
