WRITTEN QUESTION E-3369/01

by Toine Manders (ELDR) to the Commission

(6 December 2001)

Subject: Directive against counterfeit goods

The Commission has announced its intention of drafting a directive comprising measures to tackle the counterfeiting of branded goods.

Experience shows that it is difficult to control this phenomenon. I therefore wish to make a suggestion which might be worth investigating.

In the Netherlands, an extremely effective instrument has been in existence for more than 30 years which involves public-private cooperation to combat counterfeiting of goods. The approach is twofold, combining civil enforcement with the use of the criminal law. The results are very satisfactory.

The use of the criminal law is based on the work of the Buma (Dutch Performing Rights Society)/Stemra (Mechanical Copyright Organisation) Investigation Service, a special investigation body to which the Minister of Justice has entrusted responsibility for enforcing intellectual property rights by means of the criminal law.

This public-private cooperation instrument is designed to optimise the effect of civil enforcement by rights-holders by bringing the force of the criminal law to bear on the basis of intensive exchanges of information between the parties concerned.

In connection with the proposed directive to combat the counterfeiting of branded goods, will the Commission consider this specific model of public-private cooperation, with a view to possibly basing future European policy on it?

Answer given by Mr Bolkestein on behalf of the Commission

(31 January 2002)

As the Honourable Member points out, cooperation between public authorities and the private sector is a key element in successfully combating counterfeiting and piracy.

The consultation of interested parties initiated by the Commission in 1998 with the Green Paper on combating counterfeiting and piracy in the single market clearly showed how important close cooperation between all of the players concerned is if counterfeiting and piracy are to be combated effectively.

Cooperation can take various forms. In particular, the consulted parties stressed the need for better coordination between databases and increased cross-border information flows, involving public authorities and professional bodies.

In its Communication of 30 November 2000 on the follow-up to the Green Paper(1), the Commission stressed the need for improving cooperation between the private sector and public authorities and recommended that public authorities and the private sector make better use of the databases and public and private information systems for combating counterfeiting and piracy, while respecting the rules of confidentiality and data protection. The Commission also expressed its wish that the compatibility between existing systems and any gateways that would need to be created between them should be investigated. Finally, the Commission encouraged national and private initiatives aimed at concluding protocols of agreement for cooperation and exchange of information.

The Dutch Buma/Stemra organisation is a collecting society which took an active part in the Green Paper consultations of 1998. Under Dutch law, it also has certain executive powers enabling it to play an active role in combating piracy. The Commission is in contact with the Dutch authorities in order to find out more about the powers it holds. However, the Commission draws the Honourable Member's attention to the fact that it is not planning to include any specific provisions on the cooperation between the private sector and public authorities in its future proposal for a directive on the enforcement of intellectual property rights.

It is the Commission's view that the public authorities and the private sector should themselves find the appropriate means of setting up and consolidating their cooperation at national level within the law of each Member State.

(1) COM(2000) 789 final.