This Directive lays down the criminal measures necessary to ensure the enforcement of intellectual property rights. These measures shall apply to intellectual property rights provided for in Community legislation and/or national legislation in the Member States.

This Directive lays down the criminal measures necessary to combat and deter the intentional infringement of intellectual property rights on a commercial scale. It harmonises these criminal measures at EU level where this is necessary to combat the intentional infringement of intellectual property rights committed under the aegis of a criminal organisation, or where they carry a health or safety risk. Without prejudice to measures that already exist in Member States, the measures laid down in this Directive shall apply only to wilful trademark infringement or copyright piracy. The non-profit exchange between individuals of legally acquired content is excluded from the scope of this Directive.