Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-04-25-Speech-3-208"
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"en.20070425.32.3-208"2
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".
According to the proposal for a directive on criminal measures to guarantee the enforcement of intellectual property rights, Member States are required to penalise every deliberate violation of intellectual property rights if these actions take place on a commercial scale. Forgeries and piracy are clearly punishable offences. So far, so good.
I refuse to back the Zingaretti report, though, and for a variety of reasons. The limitative list of property rights increases legal uncertainty. It is unacceptable for businesses to be discouraged from innovation, creativity and investments if it transpires that the businesses violated these rights unintentionally, and for them to be immediately prosecuted under criminal law.
In addition, the concept of ‘commercial scale’ has been left rather vague. Would a busker fall within this scope? Is personal use excluded?
There are also serious questions in my mind about subsidiarity and proportionality. It is not up to the EU to specify the nature and level of the penalties, certainly not if personal freedoms are involved, and, although the report, in its Article 7, proposes enquiry teams for the benefit of collective copyright managers, the privatisation of criminal prosecution is not an option either.
People are entitled to unambiguous legislation, and this report fails to hit the mark in this respect."@en1
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