Special to ag-IP-news Agency
STRASBOURG - The European Parliament voted today on the first Community criminal law ever, the Criminal Measures IP directive. Last week a coalition representing European consumers, innovators and library associations has called on Members of the Parliament to amend the Criminal Measures IP directive. MEPs of the Liberal Group (ALDE) now propose to keep essential concepts like "commercial scale" undefined. Critics warn this will create carte blanche criminal law, a major threat to legal certainty and innovation.
An alliance of European Consumer’s Organization (BEUC), Electronic Frontier Foundation (EFF), Foundation for a free Information Infrastructure (FFII) and the European Bureau of Library, Information and Documentation Associations (EBLIDA), representing European consumers, innovators and library associations, strongly oppose certain provisions of the proposed directive on the enforcement of Intellectual Property Rights (IPRs). The proposal is badly drafted. It will antagonize millions of young Europeans. The provisions defining criminal offences are so vague as to amount to a threat to civil rights.
The associations ask to limit the scope of the directive to clear cases of copyright piracy and trademark counterfeiting, and to provide legal certainty by adopting precise definitions of "on a commercial scale" and "intentional infringement". Furthermore they ask Parliament to avoid creating an unprecedented scope of secondary liability for Internet intermediaries, Information Communication Technologies (ICTs), software vendors and a range of legitimate business activity.
In a new development, the ALDE now proposes to keep "commercial scale" and "intentional infringement" undefined.
"This is a horrible proposal. How will the courts deal with the uncertainty? Ultimately the European Court of Justice may decide, but what will be its decision? This way the Community would make criminal law without any certainty about the final outcome," FFII annalist Ante Wessels said.
"It is impossible to assess the impact on consumers, the industry and innovation. Could we please get our feet back on the ground? This Community criminal law exercise is running out of hand," he added.
