Local view for "http://purl.org/linkedpolitics/eu/plenary/2004-03-09-Speech-2-045"
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"en.20040309.3.2-045"2
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"Mr President, ladies and gentlemen, I too would like to thank my colleague Mrs Fortou for the work she has carried out, work that was carried out with great endurance and great determination, precisely because the fight against counterfeiting and piracy must be one of the European Union’s priorities. In fact, creativity, which is one of the main factors of competitiveness in our economic system, is being prevented by counterfeiters because they are affecting the industrial and intellectual property rights. These rights ensure that creativity is adequately rewarded. Often, counterfeiting and piracy also end up affecting consumers, who are forced to purchase goods of a quality inferior to the original. The damage that they cause not only affects the individual holder of the right but the whole of society. The directive on the application of industrial and intellectual property rights is therefore an important instrument in combating the phenomenon and must be quickly adopted before the accession of the new countries, where counterfeiting and piracy are particularly widespread.
The text negotiated with the Council, which Parliament should widely agree to, is a balanced compromise that should enable the directive to be adopted in just one reading. The current European and national legal framework on industrial and intellectual property is being respected. The conditions to effectively protect it and to more actively combat illegal trade are being created. The compromise rightly provides for the most important provisions of the directive to apply only to commercial practices. We cannot, indeed, plan to punish those who download music from the Internet just for personal use. A request for information from the alleged counterfeiter by the person declaring that a product is counterfeit must be justified and proportionate and should only be made by order of the judicial authorities. Furthermore, the directive does not influence the rules on confidential information and the treatment of personal data or the right not to testify against oneself. It specifies the administrative and civil sanctions that, directly affecting any illegal economic activity, have direct consequences on prohibiting counterfeiting. These sanctions should indeed be dissuasive but should also be gradual and proportionate to the crime committed."@en1
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