- IPRED2 workgroup description
- Main present developments
- FFII position papers, amendments, press releases and presentations
- Council of the European Union
- Selected key Council documents
- FFII analysis and voting recommendations 2006, 2007
- EP committee draft reports, amendments and other official documents
- External opinions
- Background information
- Workgroup leaders, contact information
IPRED2 workgroup description
The goal of this workgroup is to make IPRED2 known to the public, provide analysis and to influence the European Parliament's decision process from preparatory work in committees to final Plenary vote.
Commission proposal (all EU language versions available)
Project mailing list (open to external parties, subject to subscription approval)
The "2" in IPRED2 refers to the fact that this is the second Intellectual Property Enforcement Directive. The first one is currently being implemented in European Union member states, and provides for (harsh) civil sanctions, criminal measures were taken out. IPRED2 proposes to add criminal sanctions "for all intentional IPR infringements on a commercial scale". Before IPRED2 became a 1st pillar directive, it was a 3rd pillar framework decision. The reason for the change of legal basis is an extensive interpretation by the Commission of an environmental verdict by the European Court of Justice in 2005.
The full formal name of IPRED2 is 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).
Main present developments
On 25 April 2007 the European Parliament concluded its first reading. FFII/EFF/EBLIDA/BEUC Coalition Report on the EP vote (PDF format) (wiki)
- The proposal moved to the Council
Mistake in EP provisional consolidated text Criminal Measures IP directive. Despite formal objections raised on 4 December 2007 by MEP and shadow rapporteur Eva Lichtenberger the Official Journal of the European Union published the controversial and contested version.
FFII position papers, amendments, press releases and presentations
To Lisbon or to prison? -- Presentation of impact/issues/solution (pdf, as of 6 December 2006)
Council of the European Union
Selected key Council documents
20 Jul 2006: st11856: Presidency to CATS (Article 36 Group) raises serious competence doubts.
FFII analysis and voting recommendations 2006, 2007
Amendments tabled for Plenary (debate: 23 April 2007; vote: 25 April)
Analysis of tabled JURI amendments (vote: 20 March, 2007 -- result available on analysis page)
Analysis of tabled LIBE amendments (vote: 11 December 2006 -- result available on analysis page)
Analysis of tabled ITRE amendments (vote: 28 November 2006 -- result available on analysis page)
EP committee draft reports, amendments and other official documents
Law Society of England and Wales (English, pdf)
Chartered Institute of Patent Agents (English, pdf)
The Dutch Parliament (English, doc) - serious competence concerns
EPO Scenarios Prof. Paul A. David (Oxford, Stanford) (En, pdf). To his mind IPRED2 "... clearly passes the basic test for "policy fanaticism" – fanatics being people who, having lost sight of the original objective, redouble their efforts."
ECIS - Exclude patents, counterfeit+piracy, get out abetting inciting
FIPR - "disabled could be hit as the tools necessary to read copy-protected books" and other interoperability concerns etc.
FSFE - weak limits: "intentional" & "commercial scale" and Disproportionate access for rights holders (Joint Investigation Teams)
CPTECH - scope of the offence and its application are unclear.
BEUC - imit ...to infringements which assist organised crime or which threaten... health or safety.
LACA - remove ... the offences of ‘attempting’ and ‘inciting’ infringements,... restrict the range of infringements within the scope by limiting them to infringements which assist organised crime or which threaten or compromise health or safety.
Austrian Federal Chamber of Labour (directive is redundant, if not rejected then limit scope to counterfeiting and piracy)
GENERAL COMMENT No. 17 (2005), COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS, Thirty-fifth session Geneva, 7-25 November 2005, Office of the United Nations High Commissioner for Human Rights Geneva, Switzerland
Workgroup leaders, contact information
- Ante Wessels
- Jonas Maebe
- André Rebentisch
You can contact the workgroup at email@example.com.