Patents
Knowing infringement of a patent or utility model becomes subject to criminal penalties of a fine and/or imprisonment for a term of from 6 months to 2 years.Trademarks
Intentionally imitating, reproducing, modifying or using a registered trademark on products confusingly similar to those for which the mark is registered, even where such unauthorized products have been imported, will now constitute a criminal offense. Such actions in respect of legally protected geographical indications, commercial names and titles of establishment may also be considered a criminal offense. When the infringing acts are very serious, a judge may order the infringers' premises closed either temporarily or permanently. Other provisions establish imprisonment and fines as the penalty for engaging in deceptive or false advertising that harms consumers.Penalties for all offenses are substantially more severe and maximum prison terms and fines have been increased.
Copyrights
Fines and/or prison terms from 6 months to 2 years may be imposed for any unauthorized import, export, storage, reproduction, plagiarism, distribution or communication to the public of all or part of an artistic, literary or scientific work, or adaptation or performance thereof, for pecuniary gain, where the copyright owner is damaged thereby. Additionally, persons convicted of possessing, manufacturing or distributing any means specifically intended to circumvent technical devices designed for the protection of computer programs will be subject to the same fines and/or prison terms. Harsher penalties of up to 4 years' imprisonment may be imposed for particularly egregious acts of copyright infringement. Courts may also order the closure of an infringer's premises temporarily or permanently.Trade Secrets
The imposition of fines and imprisonment for various terms (the maximum being five years) is provided for in respect of a number of new crimes relating to trade secrets including the taking of data in order to discover a trade secret, the divulgation of stolen trade secrets by the person stealing them, breach of a confidentiality agreement and divulgation of trade secrets by a third party who comes into possession of them knowing them to be secret even though that person was not a party to the original theft of the secrets.
