Europe’s Proposed Intellectual Property Enforcement Directive Unmasked: Overbroad Proposal Threatens Civil Rights, Innovation and Competition
by IP Justice Executive Director Robin D. Gross, Esq.
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On January 30, 2003 the Commission of the European Communities published its proposal for a Directive on measures and procedures to ensure the enforcement of intellectual property rights throughout the Community.
Unfortunately, the proposed European Union Intellectual Property Enforcement Directive contains a number of seriously troubling provisions that threaten innovation and competition and endanger the civil rights of all Europeans. Specifically, Article 9 creates broad and easily abused subpoena powers for intellectual property holders to obtain personal information on consumers. And Article 21 mandates a ban on technical devices that threatens innovation, competition, the fair use (fair dealing), and free of expression rights of Europeans.
Already the Enforcement proposal has been criticized by civil liberties groups and scientists for being overbroad in its prohibitions and for limiting traditional consumer rights, in both substance and procedure. The proposal claims that it does not effect the substance of intellectual property rights in the EU. But it forbids the circumvention of technical devices that restrict a consumer’s ability to exercise her rights to use intellectual property, so in practice, she will experience a substantial loss to her rights if this proposal is enacted.
The EUROPARL Committee on Legal Affairs and Internal Market will begin discussion on the merits of the proposed IP Enforcement Directive in Brussels on September 11, 2003. The Directive is to be implemented eight-teen months after its adoption by the Commission.
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