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2005/0128(CNS)

Strengthening the criminal law framework to combat intellectual property offences. Framework Decision

Procedure lapsed or withdrawn

2005/0128(CNS) Strengthening the criminal law framework to combat intellectual property offences. Framework Decision
RoleCommitteeRapporteurShadows
Opinion IMCO
Opinion ITRE PLEGUEZUELOS AGUILAR Francisca (PSE)
Lead JURI FOURTOU Janelly (ALDE)
Opinion LIBE WIELAND Rainer (PPE-DE)
Lead committee dossier: JURI/6/29658
Legal Basis Treaty on the European Union (after Amsterdam) M 031, Treaty on the European Union (after Amsterdam) M 034-p2
Subjects
Links

Activites

  • 2009/03/25 Additional information
  • 2005/09/27 Committee referral announced in Parliament, 1st reading/single reading
  • 2005/07/12 Legislative proposal
    • COM(2005)0276 summary
    • DG Justice,

Documents

History

(these mark the time of scraping, not the official date of the change)

2012-02-09
activities added
  • date
    2005-07-12
    docs
    • url
      http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2005&nu_doc=0276
      text
      • PURPOSE: to strengthen the criminal law framework to combat intellectual property offences.

        PROPOSED ACT: Council Framework Decision.

        CONTENT: Intellectual property offences have become a very worrying phenomenon, linked in some cases to organised crime. We now have a substantial cross-border trade in goods which infringe intellectual property rights, involving: illegal production of counterfeit goods, organised networks for the transport of goods from the place of production to the place of consumption, sale of illegal goods and laundering of the profits.

        To combat intellectual property offences effectively, the proposal for a European Parliament and Council Directive on criminal measures aimed at ensuring the enforcement of intellectual property rights must be supplemented by means of measures for the approximation of criminal legislation and cooperation under Title VI of the Treaty on European Union.

        This proposal for a Framework Decision therefore aims to strengthen the criminal-law measures to approximate the provisions laid down by law or regulation in the Member States concerning intellectual property rights offences and to facilitate and encourage cooperation between the Member States to repress these offences.

        As regards impact on fundamental rights, it should be emphasised that the direct objective of this initiative is to implement Article 17(2) of the Charter of Fundamental Rights which states that "Intellectual property shall be protected"; it does this by approximation of legislation while respecting the different legal traditions and systems of the Member States as well as other fundamental rights and principles recognised by the Charter. The level of sentences has been chosen pursuant to the seriousness of the different forms of wrongful conduct, in accordance with Article 49(3) of the Charter to the effect that sentences should not be disproportionate to the offence.

      celexid
      CELEX:52005PC0276(02):EN
      type
      Legislative proposal published
      title
      COM(2005)0276
    body
    EC
    commission
    • DG
      Justice
    type
    Legislative proposal
  • date
    2005-09-27
    body
    EP
    type
    Committee referral announced in Parliament, 1st reading/single reading
    committees
  • date
    2009-03-25
    text
    • As announced in Official Journal C 71 of 25 March 2009, the Commission decided to withdraw this proposal, which had become obsolete.

    body
    type
    Additional information
committees added
  • body
    EP
    responsible
    False
    committee_full
    Internal Market and Consumer Protection
    committee
    IMCO
  • body
    EP
    responsible
    False
    committee
    ITRE
    date
    2005-10-05
    committee_full
    Industry, Research and Energy
    rapporteur
    • group
      PSE
      name
      PLEGUEZUELOS AGUILAR Francisca
  • body
    EP
    responsible
    True
    committee
    JURI
    date
    2005-09-15
    committee_full
    Legal Affairs
    rapporteur
    • group
      ALDE
      name
      FOURTOU Janelly
  • body
    EP
    responsible
    False
    committee
    LIBE
    date
    2005-10-13
    committee_full
    Civil Liberties, Justice and Home Affairs
    rapporteur
    • group
      PPE-DE
      name
      WIELAND Rainer
links added
National parliaments
European Commission
other added
  • body
    EC
    dg
    Justice
procedure added
dossier_of_the_committee
JURI/6/29658
reference
2005/0128(CNS)
subtype
Legislation
legal_basis
stage_reached
Procedure lapsed or withdrawn
instrument
Decision
title
Strengthening the criminal law framework to combat intellectual property offences. Framework Decision
type
CNS - Consultation procedure
subject