Amendment to Criminal Code introduced

• Violation of authorial and related rights - this subsection prohibits, among other things: 
  
  
  • the unauthorized reproduction of protected works;
  • the unauthorized introduction on the market, possession, distribution, commercialization and lease of protected works;
  • the unauthorized communication of protected works to the public;
  • the unauthorized retransmission of protected works (eg, phonograms, artistic interpretations, translations and arrangements); and
  • the avoidance, modification or transfer of technical security measures without authorization.
• Violation of trademark rights - under this subsection, it is prohibited to: 
  
  
  • falsify, adulterate or imitate a registered trademark;
  • possess, commercialize or circulate trademarked goods without the authorization of the trademark owner; and
  • attempt to violate trademark rights (previously, 'criminal attempt' was not included in the law).
• Violation of design and industrial rights - under this subsection, it is prohibited to: 
  
  
  • manufacture infringing goods or have them manufactured;
  • possess, put on the market, commercialize or circulate protected goods without authorization; and
  • attempt to violate design and industrial rights (which was not previously included in the law).

• At present, the penalties for infringement of IP rights are: up to three years' imprisonment and a fine. Under the new law, the court will be able to impose a prison term of up to five years;
• If the court finds that infringement has occurred, the plaintiff or the Prosecutor’s Office may request that the court order the publication of the decision; and
• In special circumstances, the court may impose a sentence of up to eight years' imprisonment.

'Special circumstances' are defined as follows:

• producing or commercializing infringing goods on an industrial scale;
• producing infringing goods with a high economic value;
• causing considerable financial damage to the rights owner; and
• using minors under the age of 18 in the commission of the infringement.