On the enforcement of intellectual property rights (criminal measures)

Speech by Sharon Bowles MEP delivered to European Parliament on Mon 23rd Apr 2007

I understand the purpose of this directive and the message that you wish to send out to other countries. However, extension of criminality beyond that envisaged in TRIPS, that is significantly beyond counterfeiting and piracy, is a step too far, at least at this stage, and not one that any speaker has justified.

Many colleagues appreciate that infringement of a patent that has been assessed as invalid is a normal commercial activity. However, this is not unique to patents: it applies to designs and trademarks as well. I say this as someone who accumulated over 25 years as a patent and trademark attorney before becoming an MEP.

There are amendments that attempt to address this problem. My own Amendment 31 restricts the scope to the TRIPS criteria - counterfeiting and piracy - or to when there is organised crime or a risk to health and safety. Amendment 33 takes account of assessment of invalidity. I can tell Mr Toubon that there will be separate votes on the individual parts of Amendment 30, which is there for a purpose other than the one for which it perhaps appears to be there.

To the Commission, I say that this is an issue that is too serious to get wrong. I am afraid it is too serious to settle with 'there or thereabouts' compromises. Therefore, I cannot vote for the proposal without the restrictions I have mentioned.