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TUESDAY, 27 JULY 2010
Spain reduces penal sanctions in the hope of more condemnatory orders
This June, some amendments to the Spanish Criminal Code, which take effect on December 23 2010, were published in the Official State Gazette. These amendments will substantially reduce criminal sanctions on unauthorised retailers of goods protected by IP rights and retailers of counterfeit products of low monetary value (ie, whether the profit element does not exceed €400). At present, such offences are punishable by a six-month prison sentence and an equivalent fine (a certain sum of money being payable every day for the duration of the term); they may also be increased where aggravated circumstances exist.
Once the new provisions are in force, in the absence of aggravating circumstances apply the judge may impose a fine equivalent to three to six months or a community service order of 31 to 60 days. According to the author of the article from which this note is derived:
"This reform results from the current social climate, in which the courts are reluctant to incarcerate individuals (for the most part, immigrants) and to issue condemnatory rulings in such cases. It is hoped that the reduction in criminal sanctions will overcome the reluctance of the courts and that they will deliver more condemnatory rulings in cases involving the infringement of IP rights".
Source: article for World Trademark Review by Juan José Caselles Fornés, Elzaburu, Madrid, which you can read in full here.
Posted by: Jeremy Phillips @ 22.25
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