Article of Spanish Criminal Code

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Presentation transcript:

Article 274.1 of Spanish Criminal Code Those who, for industrial or commercial purposes, without consent from the holder of an industrial property right registered in compliance with trademark legislation and being aware of the registration, reproduce, imitate, modify or in any other manner use a distinguishing sign that is identical or may be confused with such industrial property right, to distinguish the same or similar products, services, activities or establishments as those for which the industrial property right is registered, shall be penalized with a prison sentence of from six months to two years and a fine of from 12 to 24 months at the stipulated daily rate. The same penalty will be imposed on those who intentionally import such products without such consent, whether such products are of lawful or unlawful origin in the country from which they proceed, or not; nevertheless, the import of such products from a European Union Member State shall not be punishable where the products were acquired directly from the holder of the rights in the state in question, or with consent from such holder.