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| = Intellectual Property Rights Enforcement Directive = | = Intellectual Property Rights Enforcement Directive 2 = 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. These criminal penalties came back in 2005 in 2 new European Commission proposals. Following a European Court decision in an other case, one of them, the framework, was retracted, [http://wiki.ffii.org/Com051123En for formal reasons.] In January 2006 the European Commission will propose a new directive (with most of the content of both 2005 proposals). [http://www.ipred.org/2005 the 2005 proposals] 2005 : COM(2005)276 final / 2005/0127(COD) / 2005/0128(CNS) |
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| 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 proposals. Often these are referred to as IPRED 2. The official name is: 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 long. The subsidiarity principle is violated. There is no need for the proposals, piracy is already prohibited in European countries. In some cases, penalties go up a 100 times. There is no indication at all that this is needed. For instance, in the Netherlands, no prosecution has taken place for violation of trade names for over 50 years. Why then a 100 times more severe penalty? == Neutrality of police investigation == Right-holders can help the police to draw conclusions. There goes neutrality of police investigation. == Legality == People are entitled to know what is forbidden. But with "intellectual property" rights it is often unclear. Patents often do not survive a court case. So, in the end no right was violated. Prosecution can start, while it may turn out there was no right that could be violated. Legality is missing totally. |
[http://wiki.ffii.org/IpredEp051122En European Parliament hearing 22 November 2005] |
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[http://tinyurl.com/9djqm EU docs] [http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/com/2005/com2005_0276en01.pdf Commission proposal] [http://www.aippi.org/reports/resolutions/Q169_E.pdf AIPPI paper] ----------------------------------- [http://www.ipred.org/ipred1 IPRED 1] (2004) |
Intellectual Property Rights Enforcement Directive 2
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. These criminal penalties came back in 2005 in 2 new European Commission proposals. Following a European Court decision in an other case, one of them, the framework, was retracted, [http://wiki.ffii.org/Com051123En for formal reasons.] In January 2006 the European Commission will propose a new directive (with most of the content of both 2005 proposals).
[http://www.ipred.org/2005 the 2005 proposals]
2005 : COM(2005)276 final / 2005/0127(COD) / 2005/0128(CNS)
[http://Hilty Hilty]
[http://wiki.ffii.org/IpredEp051122En European Parliament hearing 22 November 2005]
[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://tinyurl.com/9djqm EU docs]
[http://europa.eu.int/eur-lex/lex/LexUriServ/site/en/com/2005/com2005_0276en01.pdf Commission proposal]
[http://www.aippi.org/reports/resolutions/Q169_E.pdf AIPPI paper]
[http://www.ipred.org/ipred1 IPRED 1] (2004)
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