Intellectual Property Rights Enforcement Directive

In 2004 the Council and European Parliament adopted an Intellectual Property Rights Enforcement Directive (IPRED). To make fast adoption possible (before 10 new members joined the EU), criminal penalties were taken out. Now these criminal penalties are back in 2 new European Commission proposals. Often these are referred to as IPRED 2. The official names are:

Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE on criminal measures aimed at ensuring the enforcement of intellectual property rights

Proposal for a COUNCIL FRAMEWORK DECISION to strengthen the criminal law framework to combat intellectual property offences

No Justification

The proposals lack proper justification, the justification given is just one A4 page long. There is no need for the proposals, piracy is already prohibited in European countries. In some cases, penalties go up more than a 100 times. There is no indication at all that this is needed.

TRIPS already lays down severe provisions on means of enforcing trade-related intellectual property rights. These include the implementation of criminal procedures and criminal penalties. In no way the Commission makes clear these are not enough.

In 2004 the Council and European Parliament adopted the Intellectual Property Rights Enforcement Directive (IPRED). It is being implemented at the moment. Effects are not clear yet, it is unknown whether further measures are needed.

Neutrality of police investigation

Right-holders can help the police to draw conclusions. There goes neutrality of police investigation. (framework art 4, see also the explanatory memorandum on this article)

[http://www.ipred.org/en More]

[http://www.ipred.org/nl NL: Gevangenisstraf voor octrooiinbreuk]

[http://wiki.ffii.org/Ipred2En FFII]

[http://plone.ffii.org/Members/coordinator/FFII%20UK%20IPRED2%20consultation.pdf/download FFIII-UK]

[http://www.fsfeurope.org/projects/ipred2/ipred2.en.html FSFE]

[http://www.ipred.org/ipred1 IPRED 1]

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