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News

EU states urged to adopt tougher copyright protection rules[fr][de]

Published: Wednesday 20 February 2008

The European Parliament urged member states to adopt newly drafted EU rules on copyright protection, introducing harmonised criminal sanctions across Europe for activities ranging from illegal downloading to the sale of counterfeit medicines.

Background:

In July 2005, the Commission presented a double proposal for a directive and a Council framework decision aimed at introducing criminal sanctions for copyright infringements. The proposal was amended by Parliament in April 2006.

The draft foresees the introduction of a number of measures to curb the violation of intellectual property rights, including custodial sentences, fines, destruction of fake goods, closure of establishments used to commit an offence, bans on engaging in commercial activities, or bans on access to public assistance or subsidies.

In addition, the draft framework decision provides for extended confiscation powers and grants the holders of intellectual property rights the right to assist the work of joint investigation teams (see our Links Dossier on enforcement of intellectual propoerty rights).

Other related news:

Socialist MEP Nicola Zingaretti, who is in charge of the adoption of the new rules in the European Parliament, sent a letter to the Council at the beginning of February asking member states to "provide a timeframe for discussion" of the directive on criminal measures aimed at ensuring the enforcement of intellectual property rights.

The move was intended to stimulate the debate among member states that have been dragging their feet on the issue. Indeed, more than two years after the Commission's proposal, the Council has not yet approached the topic, although it needs to give the proposal the green light to transform it into a legislative act. However, some member states are reluctant to go further with European rules which are meant to harmonise areas traditionally reserved for national authorities.

In his letter, Zingaretti asked the Council to take "urgent action" to address the "increasingly systematic violation of copyright by some Internet users".

Positions:

"The Commission proposal is disproportional and the European Parliament left key concepts and definitions unacceptably vague. On top of that, democratic procedure is violated by leaving out an adopted amendment," commented Ante Wessels, an analyst at FFII, the Foundation for a Free Information Infrastructure.

In a previous statement, Zingaretti made it clear that the directive is "about punishing mafia-style criminals, not about jailing kids who download music from the internet" (see EurActiv 04/06/07).

At the end of January, the European Court of Justice took a stance that contrasts with intellectual property protection, ruling that Internet providers cannot be obliged to release customers' personal data during civil legal claims raised by copyright owners.

The ECJ stated that current EU rules "do not require the member states to lay down an obligation to communicate personal data in order to ensure effective protection of copyright in the context of civil proceedings" (see EurActiv 30/01/08).

Denis Olivennes, chairman of FNAC, the largest French retailer of cultural and consumer electronic products, proposed milder measures to tackle intellectual property infringements in a recent report commissioned by the French government.