Court ruling undermines proposed anticounterfeiting law

Published: 29-Oct-2007

A proposed EU directive aimed at protecting pharmaceutical businesses from counterfeit brands has been undermined by the European Court of Justice (ECJ).


A proposed EU directive aimed at protecting pharmaceutical businesses from counterfeit brands has been undermined by the European Court of Justice (ECJ).

Earlier this year, the European Parliament approved in principle a directive on "criminal measures aimed at the enforcement of intellectual property rights". It tells member states to impose maximum penalties of at least Euro 300,000 in fines and/or four years' imprisonment regarding serious counterfeiting crimes committed by organised crime, as well as counterfeiting causing health or safety risks.

However, in a separate ruling, the court has said that ordering "the type and level of the criminal penalties..[is not] within the EU's sphere of competence."

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