Commission proposes tough new measures against piracy[fr][de] 

Europe's producers are under increasing threat from counterfeiters, who cause serious damage to the Union's economies. According to statistics, over 100 million counterfeit and pirated articles are seized annually by the authorities of the 25 member states. 

The Commission's new improved measures aim to improve the alignment of the member states' relevant criminal legislation. These measures will have to be applied to all types of intellectual property right infringements. Counterfeiters could face a minimum of four years in prison, and the maximum fine is proposed to be 300,000 euros. The member states will have the right to impose heavier penalties or fines. 

According to Commissioner Frattini, there are four key considerations behind the new measures:

• the need to protect the industry and to prevent counterfeiters from violating European intellectual property rights
• the need to protect the consumers (including safety and health risk considerations)
• the need to harmonise the system of laws and penalties across the EU-25 
• the need to "take away the incentive" from counterfeiters by establishing heavy penalties and fines

Generally, criminal sanctions is not an EU competence. But in September 2005 a ECJ ruling opened the door for the Commission to set such measures in parts of the EU's internal market.