The target is counterfeiters and pirates, particularly those operating as criminal gangs, who are causing serious harm to the economy and post a threat to innovation. The proposed measures are designed to bring Member States’ criminal legislation more closely into alignment and to improve European cooperation.
Today's proposal amends a similar proposal of last July (now withdrawn) and responds to a court ruling in September which said that the criminal law provisions necessary for the effective implementation of Community law are a matter for Community law.
In the proposed 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 organisation or carries a serious risk to the health and safety of individuals. The amount of the fine will have to be at least €100,000 or €300,000 where there is a link with a criminal organisation or any risk to health and safety.
Member States will have discretion to impose heavier penalties or fines.
