Proposed penalties – ensuring IP rights

As part of a proposal intended to protect IP rights. The penalties for infringing IP rights propsed by this directive include:
– a permanent or temporary ban on engaging in commercial activities;
– a ban on access to public assistance or subsidies;

The penalties are draconian since even drug dealers are not punished this harshly…

Background

COM (2005) 276 – 1 Proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE on criminal measures aimed at ensuring the enforcement of intellectual property rights
http://europa.eu.int/prelex/detail_dossier_real.cfm?CL=en&DosId=193131

Penalties Article 4 section 2:

For the offences referred to in Article 3, the Member States shall provide that the following penalties are also available in appropriate cases:
(a) destruction of the goods infringing an intellectual property right;
(b) total or partial closure, on a permanent or temporary basis, of the
establishment used primarily to commit the offence;
(c) a permanent or temporary ban on engaging in commercial activities;
(d) placing under judicial supervision;
(e) judicial winding-up;
(f) a ban on access to public assistance or subsidies;
(g) publication of judicial decisions.

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