Justice & Home Affairs > Counterfeiting and Piracy > Rome II


Counterfeiting and piracy

Proposal for a directive to strengthen the fight against counterfeiting and piracy, criminal measures aimed at ensuring the enforcement of rights (Directive 2004/48/EC)

In September 2005 (Case C-176/03 Commission v Council), the European Court of Justice clarified the role of the European Commission in the enactment of criminal law provisions. The Court ruled that Community legislature is entitled to provide for criminal sanctions whenever such sanctions are necessary to ensure compliance with Community rules and regulations. Following this judgment, the Commission decided to withdraw its proposals for a Draft Directive and separate Framework Decision (published in 2004) and work on a new single proposal including the content of the two texts. The Court had made it clear that it was not necessary to include penalty provisions in a separate Framework Decision (from the Council) and such provision could be incorporated in the Commission Directive. The Commission published on the 26 April 2006 a new draft Directive on Criminal Measures aimed at ensuring the enforcement of Intellectual Property Rights (IPR).

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