EU Copyright Directive already makes it a crime
It's no way near as big a problem as he thinks it is. Counterfeit physical goods are a very small market, companies barely make profits now, do you imagine a counterfeiter with a smaller market, bigger overheads and constant losses due to seizure of counterfeit goods can undercut the majors? 0.03% of imported goods by value according to USA random inspection of imports.
Then there's the downloading problem. Music, had this problem, they whined and whined and whined, till finally they sort of got into the market with iTunes and SHOCK HORROR made money. Movies still haven't really gotten into the market and are whining about piracy (fair enough, but they'll whine less when they're making money on downloads), TV is getting into the market slowly (well done BBC).
Software, well Windows is bundled with every PC, it's piracy is therefore negligable. BSA had to pad their figures with *all* IT to make it sound impressive (how much bespoke software is pirated, None? How many counterfeit Dell's are there? None! So how can you reduce those by 10% of total PC sales? You can't it's fake BSA numbers intended to mislead you.) The market for off the shelf box software is quite small (the type of software likely to be pirated). They can link it to server side components to defeat all piracy.
Plus, despite what he thinks there is already criminal penalties in EU law for commercial copyright violation (EU Copyright Directive). So I don't know what he's thinking there.
Presumably this is IPRED2 that stupid foolish attempt to criminalize patent infringement! The one that caused every business to scream "ARE YOU FREEKING NUTS" that keeps getting killed because it would burden every business with an army of lawyers. As far as I can see that's largely driven by Microsoft and BSA, wanting a patent attack mechanism on Linux and a few entreched players wanting to attack upstart rivals (I bet Nokia would love to be able to file criminal charges against Apple for claimed IP infringements of Apple iPhone).
The script of this comedy sketch is here: