Newsgroup: italia.firenze.discussioni
Titolo: Novità giuridiche: EUCD e Diritto D'autore

 procedimento, č ceduta a terze persone a scopo di lucro e/o di commercio."
L'articolo che ha proposto č gia roba superata sebbene sia solo del giugno
2003.
Ti consiglio quest'articolo
Beneficiari inconsapevoli o inconsapevolmente vessatori?
di Paolo Nuti* - 10.11.03 (da AUDIOreview n. 240 - novembre 2003)
http://www.interlex.it/copyright/pnuti6.htm

 L'hanno già recepita ?
Si.
Tougher measures against counterfeiting and piracy
Parliament's Legal Affairs Committee called for a number of changes to a
draft directive on the enforcement of intellectual property rights when it
adopted a first-reading report on Thursday by Janelly FOURTOU (EPP-ED, F) by
28 votes to 0, with 3 abstentions.
The directive aims to harmonise national laws on the enforcement of
intellectual property rights, as there are wide discrepancies between Member
States. The goal is to combat counterfeiting and piracy in the single
market, a problem which affects a range of products: software, toys, CDs and
cassettes and even pharmaceuticals. Piracy can thus be detrimental not only
to innovation and economic interests but also to public health.
In its amendments, the Legal Affairs Committee is seeking to widen the scope
of the directive in the area of civil and administrative measures, by
proposing that it should not be restricted to cases where intellectual
property rights are infringed for commercial purposes or where an
infringement causes significant harm to the right holder.
In accordance with the proposal of the rapporteur, the committee decided to
adopt a minimalist provision on criminal penalties in the hope that recent
and forthcoming developments on this front will eventually make it possible
to introduce them, either in this directive, or by means of a framework
decision under the third pillar.
MEPs also argued that Member States should ensure that the judicial
authorities take due account of each individual case when choosing
penalties. Criminal penalties would only apply to serious and intentional
infringements.
The Legal Affairs Committee says the courts should be able to order Internet
Service Providers to hand over relevant information on the origin of the
"infringing goods" to right holders, while taking into account data
protection rules.
The committee agreed with the Commission on the need to apply Community law
on intellectual property in such a way as to avoid the creation of barriers
to legitimate trade. However, it adopted an amendment saying this should not
be done in a way that would facilitate anti-competitive behaviour.
In addition, MEPs adopted an amendment calling on the Commission to consider
measures to counter the problem of "look-alike products" which do not
infringe any intellectual or industrial property rights but mislead
consumers and could possibly endanger public health.
27.11.2003 Committee on Legal Affairs and the Internal Market
       In the chair: Giuseppe GARGANI (EPP-ED, I)
       Procedure: Co-decision, first reading
       Plenary vote: January
http://www2.europarl.eu.int/omk/sipade2?PUBREF=-//EP//TEXT+PRESS+NR-20031201
-1+0+DOC+XML+V0//EN&LEVEL=2&NAV=S#SECTION3