Legal provisions of COM(2005)276-2 - Proposal for a Council framework decision to strengthen the criminal law framework to combat intellectual property offences

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dossier COM(2005)276-2 - Proposal for a Council framework decision to strengthen the criminal law framework to combat intellectual property ...
document COM(2005)276 EN
date July 12, 2005

Contents

Article 1 - Objective and scope

This Directive lays down the criminal measures necessary to ensure the enforcement of intellectual property rights.

These measures shall apply to intellectual property rights provided for in Community legislation and/or national legislation in the Member States.

Article 2 - Definition

For the purposes of this Directive, “legal person” means any legal entity having such status under the applicable national law, except for States or any other public bodies acting in the exercise of their prerogative of public power, as well as public international organisations.

Article 3 - Offences

Member States shall ensure that all intentional infringements of an intellectual property right on a commercial scale, a nd attempting, aiding or abetting and inciting such infringements, are treated as criminal offences.

Article 4 - Penalties

6. For the offences referred to in Article 3, the Member States shall provide for the following penalties:

a) for natural persons: custodial sentences;

b) for natural and legal persons:

i) fines;

ii) confiscation of the object, instruments and products stemming from infringements or of goods whose value corresponds to those products.

7. For the offences referred to in Article 3, the Member States shall provide that the following penalties are also available in appropriate cases:

(a) destruction of the goods infringing an intellectual property right;

(b) total or partial closure, on a permanent or temporary basis, of the establishment used primarily to commit the offence;

(c) a permanent or temporary ban on engaging in commercial activities;

(d) placing under judicial supervision;

(e) judicial winding-up;

(f) a ban on access to public assistance or subsidies;

(g) publication of judicial decisions.

Article 5 - Transposal

8. Member States shall bring into force the provisions necessary to comply with this Directive by ……. at the latest [eighteen months after the date of its adoption]. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.When Member States adopt these provisions, they shall contain a reference to this Directive or shall be accompanied by such reference at the time of their official publication. The procedure for such reference shall be adopted by Member States.

9. Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive.

Article 6 - Entry into force

This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

Article 7

This Directive is addressed to the Member States.