Source: Eurojust
Prosecutor General of Hungary, Mr Péter Polt, said: ‘The area of intellectual property crimes is an area that has been tremendously affected by the rapid development of information technology in the recent decades. Due to this, country borders have lost their importance when it comes to intellectual property infringements, while the modus operandi have become diverse. Therefore, provisions of civil law and criminal law need to form a coherent system in the international context as well, while simultaneously taking particularities of the national legal systems into account.’
Representing Belgium, Prosecutor General of Ghent, Mr Erwin Dernicourt, pointed out: ‘During this Consultative Forum, the Prosecutors of the EU Member States discussed the possibilities and opportunities offered by the new Network of Specialised Prosecutors. This network will be a structure with a hands-on approach, supporting prosecutors from across the EU in their day-to-day work by exchanging best practice and information on new trends in organised crime. The network will truly strengthen the judicial approach to the fight against organised crime with a focus, during the initial years, on drug-related organised crime in harbours and logistics hubs.’
Eurojust President Mr Ladislav Hamran stated: ‘In a time of great need to step up the fight against organised crime, and as drug trafficking generates revenues of at least over EUR 30 billion, Eurojust is delighted to host the annual Consultative Forum, bringing together Prosecutors General and Directors of Public Prosecutions from all EU Member States. Our shared commitment to fighting organised crime and strengthening judicial cooperation among partner countries outside the European Union is crucial. Together, we are building a stronger, safer Europe through closer collaboration and coordinated action.’
Infringements of intellectual property rights show a strong increase. At Eurojust, the number of cases concerning intellectual property rights has more than doubled in the past three years. These infringements are a major concern for legally operating enterprises. The illegal use of brands and logos undermines the economic position and reputation of the original designers and producers.
Furthermore, online piracy through the unauthorised downloading of products and services harms the creative industry in the EU. This is done, for instance, via the illegal streaming and distribution of television programmes, films and sports events. Not only does this damage designers, and programme and filmmakers, but also broadcasters and streaming platforms that pay authors’ rights. It even damages amateur and youth sports, which profit from part of the broadcasting rights for sports competitions.
This crime type also causes risks to public health, as it often leads to the production of fake consumer goods, such as medicines, toys, electronic equipment and even car parts, that do not fulfil safety requirements. Online and other kinds of piracy often lead to money laundering, too.
Penalty levels and legislation regarding intellectual property rights in the EU vary. However, by establishing common criteria for the assessment of damages between Member States, for instance, the work of public prosecutors can be strengthened. The discussion in the 18th Forum focused particularly on this aspect.
A second major area of focus was the establishment of the EJOCN, as 76 percent of criminal groups in the EU are active in between two and seven countries, and profits from all illicit activities are estimated at around EUR 139 billion annually. Dismantling these groups requires a transnational approach that is fast and flexible, and that can adapt to an ever-changing criminal landscape.
The Prosecutors General discussed how to increase the exchange of information and the speed of these exchanges, which are essential to tackle worldwide operating criminal networks. Furthermore, they looked into the use of encrypted communication tools and data protection issues concerning organised crime.
The Prosecutors General also exchanged ideas and suggestions on the transfers of criminal proceedings between EU Member States and investigations into penalty executions across the Union.