WRITTEN QUESTION E-1385/03 by Claude Moraes (PSE) to the Commission. Combating the alarming rise in counterfeited and pirated goods.
Date: 2003-04-15
Institutions: European Parliament, Provisional data
Subjects: EU police cooperation, approximation of laws, criminal law, fight against crime, industrial counterfeiting, judicial cooperation in criminal matters in the EU, penalty

26.2.2004

EN

Official Journal of the European Union

C 51 E/83

(2004/C 51 E/094)

WRITTEN QUESTION E-1385/03

by Claude Moraes (PSE) to the Commission

(15 April 2003)

Subject: Combating the alarming rise in counterfeited and pirated goods

How is the Commission promoting better cross-border cooperation between law enforcement authorities
in the Member States, in addition to strengthening the role of Europol in combating the alarming rise in
counterfeited and pirated goods, as revealed by recent Commission statistics, which are costing jobs across
the EU?

Answer given by Mr Vitorino on behalf of the Commission

(19 June 2003)

Intellectual property violations committed on a large scale such as counterfeiting and products piracy pose
a major challenge to the economy and all stakeholders including consumers in the fight against organised
crime. They affect a broad variety of sectors and are committed increasingly in the framework of organised
crime. Counterfeiting and piracy are an international phenomenon that must be tackled as such.

The Commission adopted in January 2003 a proposal for a Directive (1) aimed at harmonising sanctions
and remedies available to improving the protection of
intellectual property right holders upon the
infringement of their intellectual property rights and a proposal for a Regulation aimed at improving the
fight against the import of counterfeited goods into the Union (The recent statistics published by the
Commission show an increase of 900 % -between 1998 and 2001- on the number of retained
counterfeited articles by the Members States customs authorities).

Both these instruments also include provisions aimed at fostering cooperation among the competent
national authorities.

On 30 January 2003 the Commission organised a meeting on the fight against piracy and counterfeiting
in the context of the Forum on Organised Crime Prevention.

The meeting was attended by about a hundred experts and provided the opportunity for a constructive
dialogue between representatives of business, national
the police, customs, and
European and international organisations.

judicial authorities,

legislation in the
The conclusions of this meeting underpinned the importance to harmonise criminal
Union as regards counterfeiting and to reach an effective good police and judicial cooperation,
in
particular where organised crime is involved. In follow-up to the Forum meeting on 30 January 2003, the
Commission is working on a text to approximate penal sanctions at Union level and to improve cross-
border cooperation between competent authorities in the Member States. In addition, Member States
should ensure that there is a good coordination between the various services with powers in the fight
against counterfeiting, for example by establishing national specialist centralised services staffed by both
police and customs officers. Public-private partnerships should be established to help prevent and fight
against counterfeiting. Training programmes for judicial authorities and enforcement services should be
intensified.

The Commission also organises further meetings in view of improving the fight against counterfeiting and
product piracy, maintains close working relations with Europol and the Member States and provides sector
representation in this field.

(1) COM(2003) 46 final.