Thursday, March 18, 2004

SNP MEP Neil MacCormick has offered a gentle critique of fellow MEPs Malcolm Harbour's (Conservative) and Arlene McCarthy's (Labour) support for the EU's intellectual property enforcement directive.

"There is no doubt that the EU should take action against counterfeiting and piracy...

...However, valid questions must be raised as to whether all the measures passed last week in the European Parliament are the correct ones - or whether some of them may bring unintended but serious consequences...

...Malcolm and Arlene argue that the EU directive has always been intended to tackle professional, commercial scale counterfeiting. Maybe so. It's just a pity that the final version which they voted for last week doesn't fully achieve that restriction...

...So, while it's true that a teenager doesn't have to fear his bank account being seized, it's not true to say that he can't have his CD collection seized...

...Another area of concern is the inclusion of patents in the scope of the directive. Patent law is much more complicated than other areas of IP law and much more open to abuse.

Legitimate companies who produce cheaper versions of medicines, for example, fear that the multinational drugs conglomerates will use this to stop the production of derivative medicines, so called 'generic medicines'...

...Perhaps the biggest disappointment in last week's European Parliament vote is that it was an opportunity lost. In an effort to rush through legislation before this June's elections we have ended up with a flawed directive.

Malcolm Harbour and Arlene McCarthy are right to say that the directive will be monitored and reviewed in due course. It's a great shame that so many people stand to suffer in the meantime in ways irrelevant to stamping out piracy and counterfeiting."

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