hermes
Distinguished Member
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- Jan 27, 2003
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IP violation can be a criminal act depending on what country you're in
in italy, i believe that that new 'abusivismo' law is criminal or quasi-criminal in that buying a counterfeit good results in a fine up to E10,000 (generally the fine is 3 times the cost of an original item) and that if you don't pay the fine within 60 days, you're then deemed a fugitive which has even worse sanctions than a criminal charge
one of the odd things is that in italy, counterfeiting itself may not be a criminal offence unless the person purchasing it thinks the goods are actually real but then the 'abusivismo' law deems both buyer and seller to be committing a criminal act in buying or selling a counterfeit good
so i really don't know what the answer is other than numerous tourists are getting fined buying from street vendors in italy
in france, importing/exporting of counterfeit goods is a criminal law offence (i believe that even if you're arriving in an airport with a fake good, it can be seized as you enter the country and you're subject to fine and criminal prosecution) in addition to the civil law offence under their customs act
and in france, the civil customs offence carries imprisonment of up to three years and a monetary fine
in canada as well, violation of the customs act can result in not only fines and impounding and forfeiture of your vehicle, but imprisonment
so even if you don't think IP counterfeiting is a criminal offence, being found guilty of it even under the civil code of some countries can result in a penalty equal or worse than if it were a criminal offence
in italy, i believe that that new 'abusivismo' law is criminal or quasi-criminal in that buying a counterfeit good results in a fine up to E10,000 (generally the fine is 3 times the cost of an original item) and that if you don't pay the fine within 60 days, you're then deemed a fugitive which has even worse sanctions than a criminal charge
one of the odd things is that in italy, counterfeiting itself may not be a criminal offence unless the person purchasing it thinks the goods are actually real but then the 'abusivismo' law deems both buyer and seller to be committing a criminal act in buying or selling a counterfeit good
so i really don't know what the answer is other than numerous tourists are getting fined buying from street vendors in italy
in france, importing/exporting of counterfeit goods is a criminal law offence (i believe that even if you're arriving in an airport with a fake good, it can be seized as you enter the country and you're subject to fine and criminal prosecution) in addition to the civil law offence under their customs act
and in france, the civil customs offence carries imprisonment of up to three years and a monetary fine
in canada as well, violation of the customs act can result in not only fines and impounding and forfeiture of your vehicle, but imprisonment
so even if you don't think IP counterfeiting is a criminal offence, being found guilty of it even under the civil code of some countries can result in a penalty equal or worse than if it were a criminal offence