Mora González, J.I., «Ceilings for trade mark protection: some thoughts on s 92 TMA 1994», en Journal of Intellectual Property Law & Practice, nº 11, 2016, págs. 698-706.

In 2005 the Commission issued a proposal for a directive on criminal measures aimed at  ensuring the enforcement of intellectual property rights as a reaction to the failed attempt to introduce criminal law penalties in Directive 2004/48 EC on the enforcement of intellectual property rights (Enforcement Directive). The proposal referred particularly to piracy and counterfeiting as an ever-increa sing problem linked to organized crime. Although this proposal was initially welcomed by the European Parliament, it was not successful due to the lack of consensus in the Council regarding EU (EU) criminal law competence. In September 2010 the Commission withdrew the proposal, affirming that it was unlikely to be able to secure the implementation of the directive in the near future. It did so, not because of uncertainty about whether the criminal enforcement of intellectual…