Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-04-23-Speech-1-132"
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"en.20070423.18.1-132"2
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Mr President, ladies and gentlemen, speaking as a shadow rapporteur and on behalf of the Committee on Legal Affairs, I would like to thank Mr Zingaretti for his successful report, and, above all, for his outstanding cooperation.
I should like to emphasise that our intention with this report should not be to make criminals of the EU’s citizens when what we want to do is to punish the criminal gangs, organised criminals, and professional counterfeiters. I myself see it as being of the utmost importance that there should be a derogation for private users motivated by personal reasons rather than by the desire for profit.
The compromise achieved in the Committee on Legal Affairs on definitions is, quite simply, a practicable solution, and, like my colleague Mr Wieland, I welcome the definition of ‘infringement on a commercial scale’ and of ‘deliberate infringement of a right to intellectual property’, as well as the positive list from which patents are excluded.
It also proved possible to arrive at a satisfactory solution to Article 3’s description of the characteristics of offences, so that, firstly, every deliberate infringement on a commercial scale, thirdly, any attempt at such infringement of the law, and thirdly, aiding and inciting the committal of the act are considered as offences. Since the oral amendment relating to incitement to the act originated from me, I should like once more to make it clear that the translations are problematic and that some of them are positively wrong.
It is intended that the fines should avoid causing disruption to national criminal law systems in their applicability to bodies with legal personality, and it is for the Member States themselves to decide whether they want to make such bodies liable to the sanctions of the criminal law or only to fines.
These are European rules, and every Member State may tighten them up, as some indeed already do, and we want to leave responsibility for that with the Member States."@en1
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