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Article 61

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Chapter Summary

Members shall provide for criminal procedures and penalties to be applied at least in cases of willful trademark counterfeiting or copyright piracy on a commercial scale. Remedies available shall include imprisonment and/or monetary fines sufficient to provide a deterrent, consistently with the level of penalties applied for crimes of a corresponding gravity. Members may provide for criminal procedures and penalties to be applied in other cases of infringement of intellectual property rights, in particular where they are committed willfully and on a commercial scale. In addition to the civil and administrative enforcement procedures to be provided, Art.61 safeguards effective law enforcement through the establishment of criminal procedures. The entitlement to punish for certain infringing acts represents an important deterrent, since criminal charges are avoided in particular within a business context due to their negative consequences.

Keywords: copyright piracy; criminal procedures; intellectual property rights; law enforcement; monetary fines; penalties; trademark counterfeiting

10.1163/ej.9789004145672.i-910.357
/content/books/10.1163/ej.9789004145672.i-910.357
dcterms_subject,pub_keyword
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