EU counterfeit crackdown to protect 'vulnerable'

By Bruno Waterfield - 25th April 2006

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EU member states should put the protection of children and consumer safety before national sovereignty over criminal sanctions, Franco Frattini said on Wednesday.

The European justice commissioner has unveiled new EU legislation to crack down on copyright piracy and counterfeiting.

Following an EU court ruling last year, Frattini is including criminal sanctions, set by the European commission not national legislatures, in new measures to protect intellectual property.

“This is a particularly significant directive... because it is the first legislative instrument, [an EU] instrument, which contains penal sanctions to combat the crime of counterfeiting and piracy, following the European Court of Justice's ruling,” he said.

In a bid to woo public opinion and to pressure national capitals opposed to EU level penal sanctions, Frattini has emphasised the impact of counterfeiting on “vulnerable” victims.

“Counterfeiting is a real crime… counterfeiting constitutes a growing business for organised crime,” he said. “It is an indirect and sometime direct way of exploiting vulnerable people including children.”

“This type of crime affects those involved in production and particularly worrying phenomenon is abuse and exploiting of children.”

“Counterfeiting and piracy are a threat to our society. Our idea… including minimum threshold penal sanctions… are the best option to be united as Europe and to show solidarity towards those who are exploited.”

Frattini’s proposals include a minimum of four years in prison for dangerous counterfeits or organised criminals.

A menu of fines up to €300,000 is set out for other intellectual property offences to be covered under criminal not civil law.

Proposals will divide member states; some are opposed to giving Brussels the jealously guarded power to set criminal sanctions for breaches of EU law.

Under the proposals, one-size-fits-all criminal penalties for intellectual property theft could be imposed by a qualified majority rather than unanimity among national capitals.

Frattini believes that the lesser hurdle of a majority vote, for an EU directive rather than a inter-governmental framework decision, will see the proposals enter law books.

“It is easier to approve a directive… that is why I am confident,” he said.

"If there are reluctant member states, if there some members states not able to vote in favour, we will see.”

“At that moment it will be important to put all member states in front of their responsibilities to protect consumers, to prevent child exploitation. These are very important for public opinion.”