Brussels, 27/04/2004 (Agence Europe) - The Council has definitively adopted the directive on the protection of intellectual and industrial property rights. This directive, which will enter into force in two years, sets common standards to penalise and bring to justice those responsible for counterfeiting and piracy, violating copyright and related rights on trademarks, designs and patents. All fraud is targeted: luxury, pharmaceutical or electronic products, toys and most controversially, music and film.
The directive makes it possible for authorities to carry out injunctions and the seizure of moveable and immovable property, notably by blocking bank accounts of those found guilty in fraud cases. Rights holders will be able to claim compensation for their losses, and also for the destruction, recall or permanent withdrawal of the illegal goods. However, the introduction of criminal sanctions into the directive was rejected by the Council, on the grounds of subsidiarity. The text goes only as far as to say that judges should apply sanctions "in proportion" to the infringement. The Commission voiced its regret at this in a press release, adding that it may "propose measures providing for criminal penalties at a later date", in the light of a ruling to be returned by the Court on the inclusion of criminal sanctions in internal market measures.
Parliament and Council reached agreement at second reading, under an informal conciliation procedure. The most controversial point bore on reproduction for private use, notably for music. Consumer organisations and many MEPs are worried that young people who download music from the Internet could be punished as criminals. Under the compromise agreed in Parliament's vote on the report by Janelly Fourtou last March (EUROPE of 10 March), the use of private copies remains governed by the existing legislation, but opponents of the text fear that its wording is still too vague.