Out-Law News 1 min. read

Plans for Enforcement Directive threaten broadband


A telecoms association has warned the European Commission that proposed changes to a draft Directive on the enforcement of intellectual property rights go too far and risk stifling the development of broadband.

The draft Directive is intended to tackle counterfeiting and piracy, and could result in increased fines and prison sentences for those infringing the rights of patent, copyright and trade mark holders.

The UK Government is currently consulting on the draft, but the proposals have already been subjected to criticism, with the music industry labelling them "inadequate" in tackling piracy.

This week the European Telecommunications Network Operators' Association (ETNO), whose 40 members include BT and Deutsche Telekom, voiced fresh concerns.

According to ETNO, the Commission's original enforcement proposal was restricted in its scope to those infringements of intellectual property rights that had a commercial purpose or that caused significant harm to the rights holder.

However, amendments recently proposed by some members of the European Parliament would, if approved, are a step too far, according to ETNO.

"Amendments to expand the directive's scope would make its measures applicable to any and all infringement of IPR, regardless of intent, purpose or harm caused," said Michael Bartholomew, ETNO's Director.

"This could have important consequences for the sector and the consumer if random, trivial or innocent acts are pursued with the full weight of this proposed rigorous enforcement system," he said.

Bartholomew concluded:

"The peer-to-peer phenomenon shows there is great demand for content out there. Industry should respond by offering attractive business models that match this demand, and not by seeking to sue or prosecute customers."

We are processing your request. \n Thank you for your patience. An error occurred. This could be due to inactivity on the page - please try again.