Ipred2En

IPRED 2 - criminal measures aimed at ensuring the enforcement of intellectual property rights

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The European Commission has proposed a directive to combat piracy and other infringements of "intellectual property rights" (IP-rights), such as patents, copyright and trade marks. While it does make sense to combat clear cases of piracy, it is nonsense to combat other infringements than such clear cases, with criminal measures. These other infringements occur during normal commercial business conduct, civil courts decide on them. The Commission criminalises the industry, inhibits the desired freedom to act in the market.


News & Chronology

Analysis

See: FFII analysis: European Community goes criminal and Ipred.org analysis

Official texts

Title of the directive proposal

Amended proposal for a Directive of the European Parliament and of the Council on criminal measures aimed at ensuring the enforcement of intellectual property rights, 2005/0127 (COD)

Official texts of the directive proposal

Commissions statement at the adoption of IPRED1

see Ipred1En

"The Commission considers that effective action against counterfeit and piracy requires criminal sanctions for serious infringements which are intentional and committed for commercial purposes. It also considers, in line with Article 20 of its original proposal, that where necessary to achieve a Community objective, such measures may be adopted under the powers conferred for the purposes of achieving the aims set out in Article 95 of the Treaty establishing the European Community. Consequently, the Commission will examine the possibility to propose in due course further measures providing for criminal sanctions in this field."

Criminal Sanctions in member state laws

TRIPs 61

Members shall provide for criminal procedures and penalties to be applied at least in cases of wilful trademark counterfeiting or copyright piracy on a commercial scale. Remedies available shall include imprisonment and/or monetary fines sufficient to provide a deterrent, consistently with the level of penalties applied for crimes of a corresponding gravity. In appropriate cases, remedies available shall also include the seizure, forfeiture and destruction of the infringing goods and of any materials and implements the predominant use of which has been in the commission of the offence. Members may provide for criminal procedures and penalties to be applied in other cases of infringement of intellectual property rights, in particular where they are committed wilfully and on a commercial scale.

Sweden

max 2 years jail for "grave" (uppsåtligen eller av grov oaktsamhet) copyright infringement:

max 2 years jail for "grave" (uppsåtligen eller av grov oaktsamhet) patent infringement:

max 2 years jail for "grave" (uppsåtligen eller av grov oaktsamhet) trade mark infringement:

Article 3

Freedom of Speech

Intellectual Property

F. A. von Hayek, "'Free' Enterprise and Competitive Order". In Individualism and Economic Order, Chicago: U. of Chicago Press. 1948. 113-114.

Other

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