Legal provisions of COM(2005)276-2 - Proposal for a Council framework decision to strengthen the criminal law framework to combat intellectual property offences - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(2005)276-2 - Proposal for a Council framework decision to strengthen the criminal law framework to combat intellectual property ... |
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document | COM(2005)276 ![]() |
date | July 12, 2005 |
Contents
Article 1 - Objective and scope
These measures shall apply to intellectual property rights provided for in Community legislation and/or national legislation in the Member States.
Article 2 - Definition
Article 3 - Offences
Article 4 - 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
9. Member States shall communicate to the Commission the provisions of national law which they adopt in the field covered by this Directive.