EU Proposals For Harmonization Of Criminal Measures To Combat Counterfeiting And Piracy

The European Commission has recently approved a proposal for a Directive and a proposal for a framework decision aimed at harmonizing the criminal measures that every member State uses to fight both counterfeiting and piracy.

This proposal for a Directive is aimed at completing the previous Directive 2004/48/EC of 29 April, "on the enforcement of intellectual property rights", which harmonizes the civil and administrative measures set out by the member States to fight the breach of IP rights.

Although the EU Member States (including the ten new members) are also members of the World Trade Organization (WTO) and are therefore bound by the TRIPS agreement, which constituted a start for harmonisation on the use of criminal measures to combat counterfeiting and piracy, the Commission deems that there are still major disparities between the national laws which do not allow holders of Intellectual Property Rights to benefit from the same protection throughout EU territory.