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.
