RD230 - ETNO Reflection Document on the draft Directive on criminal measures aimed at ensuring the enforcement of intellectual property rights and the draft Decision to strengthen the criminal law framework to combat intellectual property offences

While endorsing better enforcement of intellectual property rights as a general aim, ETNO argues that the Commission’s proposals will have unintended consequences in a number of areas. Particular concern is expressed about the application of criminal sanctions to patent violations, and the potential criminalisation of technologies and services with both lawful and unlawful uses.

As far as on-line infringements are concerned, ETNO highlights the need to consider such violations in perspective (still a small proportion of overall infringements), and argues that improved availability of legal content will play a greater role than criminal procedures in combating piracy.