The European Commission proposals for stepping up the fight against piracy and counterfeiting have received a very mixed reception by actors in the economic sector. Some of them welcomed the option chosen by the Commission not to present a legislative initiative, whilst others, on the contrary, regretted it.
On Wednesday 29 November, the European Commission presented a raft of measures to step up the fight against piracy and counterfeiting. These measures include guidelines for the ‘IPRED’ directive on ensuring respect for intellectual copyright (directive 2004/48/EC) (see EUROPE 11915).
ETNO (European Telecommunications Network Operators) welcomed the decision by the Commission. Caterina Bortolini, the president of the ETNO workgroup said the guidelines and self-regulation constitute “the best tool” to ensure fundamental rights and innovation in the digital age. ETNO considers that harmonisation and coherency in the implementation of European legislation are crucial and it welcomes the ‘follow the money’ approach.
Members of the Anti-Counterfeiting Alliance, which brings together 80 companies from the industrial sector says that the Commission package of measures is not enough because it does not include any binding legislative initiative. They said a clarification of the IPRED directive is good, as well as the calculation of moral damages, limiting the extent of the injunction and clarification of the concept of “intermediary” but the Commission proposals were not enough for counterfeiting to be tackled. The organisation is therefore calling on the Commission to introduce binding legal provisions for all actors in the value chain.
Michelle Gibbons, the director-general of the European Brands Association, explained that without binding measures, counterfeiting will grow “dramatically” and impact on the health and safety of European citizens. (Original version in French by Pascal Hansens)