§ 4119. Trademark counterfeiting
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 18 Pa.C.S.A. Crimes and OffensesEffective: July 1, 2017
Effective: July 1, 2017
18 Pa.C.S.A. § 4119
§ 4119. Trademark counterfeiting
any items or services bearing or identified by a counterfeit mark shall be guilty of the crime of trademark counterfeiting.
(1) Any items bearing a counterfeit mark, any property constituting or derived from any proceeds obtained, directly or indirectly, as the result of an offense under this section and all personal property, including, but not limited to, any items, objects, tools, machines, equipment, instrumentalities or vehicles of any kind, used in connection with a violation of this section shall be seized by a law enforcement officer.
(2)(i) All seized personal property and property constituting or derived from any proceeds referenced in paragraph (1) shall be forfeited in accordance with 42 Pa.C.S. §§ 5803 (relating to asset forfeiture), 5805 (relating to forfeiture procedure), 5806 (relating to motion for return of property), 5807 (relating to restrictions on use), 5807.1 (relating to prohibition on adoptive seizures) and 5808 (relating to exceptions).
(ii) Upon the conclusion of all criminal and civil forfeiture proceedings, the court shall order that forfeited items bearing or consisting of a counterfeit mark be destroyed or alternatively disposed of in another manner with the written consent of the trademark owners and the prosecuting attorney responsible for the charges.
(ii) In determining the value of the property loss involving an offense against the trademark owner, a court shall grant restitution for all amounts, including expenses incurred by the trademark owner in the investigation and prosecution of the offense as well as the disgorgement of any profits realized by a person convicted of the offense.
“Counterfeit mark.” A spurious mark that meets all of the following:
“Item.” Any of the following:
“Retail value.” One of the following:
(1) The counterfeiter's regular selling price for the item or service bearing or identified by a counterfeit mark, except that it shall be the retail price of the authentic counterpart if the item or service bearing or identified by a counterfeit mark would appear to a reasonably prudent person to be authentic. If no authentic reasonably similar counterpart exists, the retail value shall be the counterfeiter's regular selling price.
Credits
1996, Oct. 16, P.L. 715, No. 128, § 1, effective in 60 days. Amended 2010, Oct. 19, P.L. 517, No. 74, § 1, effective in 60 days [Dec. 20, 2010]; 2017, June 29, P.L. 247, No. 13, § 6, effective July 1, 2017.
18 Pa.C.S.A. § 4119, PA ST 18 Pa.C.S.A. § 4119
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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