Are there criminal sanctions for infringement of any intellectual property rights, and if so, what are they and how are they invoked?

Intellectual Property (2nd edition)

Japan Small Flag Japan

Criminal penalties of imprisonment and/or fines are available for infringement upon each type of intellectual property rights when such infringements were committed deliberately. Basically, prosecutors have the authority to determine whether criminal procedures are appropriate. However, in the case of copyright infringement, it is necessary for the victim to file an accusation in order for prosecutors to institute a prosecution.

UAE Small Flag UAE

Yes there are criminal sanctions for infringement of intellectual property rights as follows:

RIGHTS

IMPRISONMENT

FINES

CLOSURE OF BUSINESS

CONFISCATION AND DESTRUCTION OF THE INFRINGING GOODS AND TOOLS USED TO COMMIT THE INFRINGEMENT

PUBLICATION OF THE JUDGMENT

Patent (national & GCC) and Utility Certificates

not less than 3 months and not more than 2 years

not less than AED 5,000 (USD 1,360) and no more than AED 100,000 (USD 27,250)

 

The Law is silent

YES

YES

Designs

Trade marks

not exceeding 1 year

not less than AED 5,000 (USD 1,360) and/or no more than AED 10,000 (USD 2,725)

not less than 15 days and no more than 6 months;

YES

 

YES

Copyrights & Neighbouring Rights

not less than 2 months

 

not less than AED 10,000 (USD 2,725), and not exceeding AED 500,000 (USD 136,240)

 

 

not more than 6 months

 

YES

 

YES

New Plant Varieties and Plant Breeders Rights

not less than 2 months

not less than AED 10,000 (USD 2,725) and not more than AED 250,000 (USD 68,120)

The law is silent

YES

YES

Mexico Small Flag Mexico

According to our Industrial Property and Criminal Law, the sanctions are: imprisonment ranging and/or fine.

These criminal sanctions may be invoked by means of a criminal complaint filed before The Anti-Counterfeiting Federal Prosecutor.

India Small Flag India

Yes, there are criminal sanctions for infringement in India in connection with trade mark, and copyright in India for acts amounting to falsification/infringement. Further, an infringer may also be liable for search and seizure of the infringing goods.

Further, the offences under the Trade Marks Act, 1999 and the Copyright Act, 1957, by virtue of the First Schedule table II of the Code of Criminal Procedure, 1973, are cognizable offence and the registration of the trademark is not compulsory for initiation of criminal action.

An infringer hence may be liable for criminal actions under Sections 482(Punishment for using false property mark), Section 483 (Punishment for counterfeiting a property mark used by another), Section 486 (Punishment for selling goods marked with a counterfeit property mark) and Section 488 (Punishment for making use of any such false mark) of the Indian Penal Code, amongst others.

The Criminal remedies are invoked by filing a complaint before the Court of competent jurisdiction.

Updated: June 15, 2018