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2.27.2007

Criminal Measures IP Directive – 4 Essential Issues and Solutions

FFII letter to the Members of the European Parliament.

Re: Amended proposal for a Directive of the European Parliament and of the Council on criminal measures aimed at ensuring the enforcement of intellectual property rights (COM/2006/0168 final - COD 2005/0127)

Dear members of the European Parliament,

On. Nicola Zingaretti, rapporteur, decided to postpone the Legal Affairs Committee vote on the Criminal Measures IP Directive. We applaud and welcome this decision that creates time to adequately address important concerns. No compromises have yet been reached on essential issues as whether to criminalise consumers, the scope of the directive, and on measures to ensure IPR disputes that are essentially of a civil nature and occur between legitimate commercial enterprises, are not criminalised.

Some proposed measures threaten to criminalise large portions of the online population without demonstrable need or justification – even IP lawyers like Manders and Lehne risk criminalising themselves and the visitors of their websites. [1]

For the first time ever the European Community can impose criminal laws on the Member States. The Criminal Measures IP directive will influence the lives of 500 million Europeans. Highly respectable law institutions have published critical position papers about the Commission proposal. Their positions are generally in line with the industry's. Below we will identify the four most important unresolved issues and elaborate on how the experts propose to solve them.

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