EU IP Enforcement Likened To DMCA By Consumer Groups

by Ulrika Lomas, for LawAndTax-News.com, Brussels

14 August 2003

A coalition of civil liberties and consumer groups this week launched a campaign against the proposed EU Intellectual Property Enforcement Directive, likening it to the US Digital Millenium Copyright Act (DMCA) 'on steroids'.

The group, which comprises such organisations as European Digital Rights, IP Justice, and the UK Campaign for Digital Rights, wrote to European Union officials on Monday, as well as launching the Campaign for an Open Digital Environment (CODE) in order to raise public awareness of the potential threats posed by the IP Enforcement Directive.

Particular concern was raised by a provision in the new rules allowing intellectual property holders to issue subpoenas for personal information on alleged infringers, which critics warn could create a situation similar to that which currently exists in the United States between the Recording Industry Association of America (RIAA) and users of file-sharing software.

Another article in the proposed directive which requires EU member states to prohibit the use of technology which can bypass technical restrictions imposed by IP holders, has also been criticised. The coalition members argue that this will allow foreign intellectual property holders to restrict parallel imports of their products, thus creating price discrimination within the EU.

Speaking following the campaign launch, Robin Gross, executive director of IP Justice observed that:

'One can think of the EU IP Enforcement Directive as the 'DMCA on steroids' since any industrial property right that can be licensed will be enforced through technical devices that it will be absolutely illegal to circumvent throughout Europe.'

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