Dutch Parliament opposes the new EU IPR draft directive

(Dieser Artikel ist auch in deutscher Sprache verfügbar)

The Dutch Parliament stated on 28 June 2006 that the European Commission has
no competence to propose a new directive that is focusing on criminalizing
intellectual property offences. The statement refers to a new draft
directive – Directive on criminal measures aimed at ensuring the enforcement
of intellectual property rights, 2005/0127 – revived by the European
Commission at the beginning of May 2006.

The Parliament also said that the Commission should present concrete
evidence why such a directive is needed, considering that the European body
should show why the measures are essential for the good functioning of the
single market. Also it considers that the directive might harmonise some
penalties, but the exchange of information among member states would be a
much more effective solution.

The conclusion of the text adressed to Mr. Frattini, Commissioner for
Justice, Freedom and Security, and adopted by the Dutch Parliament states
that: “Both Houses of the States-General conclude that no power has been
granted to the Community in respect of the aim of the proposed action.
Nonetheless, both Houses have – for the record – scrutinised the present
proposal by reference to the principles of subsidiarity and proportionality
and concluded that the proposal does not comply with them.”

Commenting the decision of the Parliament, FFII analyst Ante Wessels notes
that : “The European Commission and the member states are now in the process
of circumscribing competence: How far can the Commission go? In this power
struggle the Dutch Parliament made its statement: the Commission went much
too far. Earlier Dutch minister of Justice Donner had already stated he was
not ‘pleased’.”

Letter of Dutch Parliament to Mr. Frattini (3.07.2006)
English Version
http://europapoort.eerstekamer.nl/9310000/1/j9tvgajcovz8izf_j9vvgbwoimqf9iv/vg7slw5im1tl?key=vhc0fvdga1qw
French Version
http://europapoort.eerstekamer.nl/9310000/1/j9tvgajcovz8izf_j9vvgbwoimqf9iv/vg7slw5im1tl?key=vhc0fy66g2qw

Dutch Parliament says No to European criminal law against IP violations
(3.07.2006)
http://wiki.ffii.org/IpredNlParl060629En

IP Enforcement Directive 2: European Community goes criminal
http://wiki.ffii.org/Ipred2060510En

EDRi-gram : EU moves to criminalise IP offences (10.05.2006)
http://www.edri.org/edrigram/number4.9/ipcriminal