BRUSSELS - The European Commission (EC) adopted on April 26, 2006, a proposal for a directive to combat intellectual property offences that amends the proposal approved by the Commission on July 12, 2005, a press release by the European Union stated.
According to Commission Vice-President Franco Frattini, who is responsible for justice, freedom and security matters, the new provisions proposed by the EC represent the criminal law dimension of the fight against counterfeiting and piracy in Europe.
The proposed measures are designed to bring member states’ criminal legislation more closely into alignment and to improve European cooperation so as to combat more effectively counterfeiting and piracy, which are frequently committed by criminal organizations, often pose a risk to health and safety, and seriously harm the interests of many sectors in the European economy.
The arrangements will have to be applied to all types of intellectual property right infringements. In the directive, all intentional infringements of an intellectual property right on a commercial scale, including attempting, aiding and abetting such infringements, are treated as criminal offences. The minimum sentence is a term of four years’ imprisonment where the infringement is committed under the aegis of a criminal organization or carries a serious risk to the health and safety of individuals.
The amount of the fine will have to be at least EUR100,000 or EUR300,000 where there is a link with a criminal organization or any risk to health and safety. Member states may impose heavier penalties or fines.