What is the purpose of Ebates
Hans-Peter Mayer, on behalf of the PPE-DE Group. - Mr President, ladies and gentlemen! As shadow rapporteur and on behalf of the Legal Affairs Committee, I would like to thank Mr Zingaretti for his successful report and, above all, for the excellent cooperation.
Regarding the report, I would like to emphasize that the aim is not to criminalize the citizens of the EU. We want criminal organizations, organized crime and professional counterfeiters to be criminalized. It is very important to me that private users with a personal, non-profit-making purpose are excluded from this.
The compromise reached in the Legal Affairs Committee on the definitions is simply also a workable solution. Like my colleague Wieland, I therefore welcome the definition of infringement on a commercial scale or willful infringement of an intellectual property right. I also welcome the positive list from which patents are excluded.
A satisfactory solution could also be achieved for the elements of the offense in Article 3, so that the following are considered to be criminal offenses: firstly, any willful breach committed on a commercial scale, secondly, an attempt to violate the law, and thirdly, aiding and abetting and inciting of the offense. Since the verbal amendment on incitement related to the offense comes from me, I would like to point out once again that the translations are difficult and, in some cases, correctly incorrect.
In the case of fines, distortions in national criminal law systems with regard to legal persons are to be avoided. Member States should decide for themselves whether they want to impose criminal sanctions or just fines on legal persons.
Any Member State can tighten these European requirements, which is already the case today, and we want to leave that the responsibility of the Member States.
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