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News

MEPs mull criminal sanctions against e-'piracy' and counterfeiting[fr]

Published: Thursday 25 January 2007 | Updated: Monday 4 June 2007

As the European Parliament's Legal Affairs Committee prepares to vote on a Directive on criminal sanctions for Intellectual Property Rights (IPR) infringements, the trenches between proponents of harsher punishments and consumer advocates are deepening.

Background:

The original draft of the 2004 Directive on the Enforcement of Intellectual Property Rights contained a paragraph foreseeing criminal sanctions, including prison terms and criminal and non-criminal fines in cases of piracy or counterfeiting. But a lack of legal foundation for such measures to be imposed in the EU internal market resulted in the paragraph being unanimously rejected.

However, two years after the directive was adopted, the Commission's justice, freedom and security directorate presented a new proposal , which reintroduces criminal sanctions for piracy and counterfeiting. In the Parliament, MEP Nicola Zingaretti (PSE, Italy) was appointed as rapporteur for the Legal Affairs Committee.

Meanwhile, MEPs launched an initiative for a Resolution on Consumer Confidence in the Digital Environment . The rapporteur is Zuzana Roithová (EPP-ED; Czech Republic).

Other related news:

Concerning the proposed directive on criminal sanctions against IPR infringements, divergences between MEPs have emerged along the following lines:

Scope

The Commission proposal refers to all kinds of intellectual property rights infringements.
A number of MEPs, includign the rapporteur, want at least to keep patents out of the scope.
A more far-reaching proposal suggests limiting the scope to copyright and trademarks.
Other IPR, such as rights related to copyright, database rights, design rights, geographical indications and trade names are disputed.

Private copying

Some MEPs want to limit the scope of application to commercial counterfeiting, which they also want to see clearly defined, along with other key terms such as "counterfeiting", "piracy", "infringements on a commercial scale"and "intentional infringement".
Another group, which includes Internal Market Committee Chairwoman Arlene McCarthy (PSE, UK), wants to exclude copies made for personal use from the scope of the text.
A third group, which includes former Parliament president Nicole Fontaine (EPP-ED, France) and Dutch Liberal MEP Toine Manders, explicitely wants to include copies made for personal use, including downloading from the internet, into the scope. Manders introduced an amendment according to which "any purchase of goods infringing an intellectual property right (shall be) considered as fencing". Talking to the press, Manders said that this amendment would also refer to internet downloads.

Level of penalties

The Commission's draft foresees an obligation for member states to impose prison sentences, as well as criminal and non-criminal fees.
A group of MEPs headed by Manders, Fontaine and McCarthy wants even higher penalties. Manders also asks for the destruction of materials and equipment used in IPR infringement.
Another group of MEPs wants to leave setting penalty levels to member states.