Introduced Version






SENATE BILL No. 495

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 35-43-5-14.

Synopsis: Trademark piracy. Provides that a person who manufactures or produces with intent to sell, sells, offers for sale, or possesses with intent to sell an item bearing a counterfeit mark or a service identified by a counterfeit mark, commits trademark counterfeiting, a Class A misdemeanor. Provides for felony penalty enhancements that apply to trademark counterfeiting if the offense involves a certain retail value or a certain quantity of items. Provides that a court may order that: (1) the items bearing a counterfeit mark be released to the owner of the trademark that was counterfeited, or destroyed; or (2) the equipment used to manufacture the items bearing a counterfeit mark be destroyed or disposed of in a manner that the court considers appropriate.

Effective: July 1, 2000.





Long




    January 10, 2000, read first time and referred to Committee on Judiciary.







Introduced

Second Regular Session 111th General Assembly (2000)


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SENATE BILL No. 495



    A BILL FOR AN ACT to amend the Indiana Code concerning criminal law and procedure.

Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 35-43-5-14 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 14. (a) As used in this section:
        (1) "Trademark" has the meaning set forth in IC 24-2-1-2.
        (2) "Counterfeit mark" means:
            (A) a trademark affixed to an item of property or used to identify services without the authorization of the trademark's owner; or
            (B) a copy or imitation of a trademark made without the authorization of the trademark's owner.
        (3) "Retail value" means the counterfeiter's regular selling price for the item or service bearing or identified by the counterfeit mark. In the case of items bearing a counterfeit mark that are components of a finished product, the retail value is the counterfeiter's regular selling price of the finished product on or in which the component is used.
        (4) For purposes of this section, the quantity or retail value of

items or services includes the aggregate quantity or retail value of all items bearing or services identified by every counterfeit mark the defendant manufactures or produces with intent to sell, sells, offers for sale, or possesses with intent to sell.
    (b) A person who:         (1) manufactures or produces with intent to sell;
        (2) sells;
        (3) offers for sale; or
        (4) possesses with intent to sell;
an item bearing a counterfeit mark or a service identified by a counterfeit mark, commits trademark counterfeiting, a Class A misdemeanor, except as provided in subsection (c).
    (c) The offense described in subsection (b) is:
        (1) a Class D felony if the violation involves at least one hundred (100) but less than one thousand (1,000) items bearing a counterfeit mark or the total retail value of all items bearing or services identified by a counterfeit mark is at least one thousand dollars ($1,000) but less than ten thousand dollars ($10,000); and
        (2) a Class C felony if the violation involves at least one thousand (1,000) items bearing a counterfeit mark or the total retail value of all items bearing or services identified by a counterfeit mark is at least ten thousand dollars ($10,000).
    (d) Evidence that a person knowingly had possession, custody, or control of more than twenty-five (25) items bearing a counterfeit mark constitutes prima facie evidence of possession with intent to sell.
    (e) Notwithstanding the fine imposed under IC 35-50-3-2 , IC 35-50-2-7 , or IC 35-50-2-6 , a person who violates subsection (b) or (c) may be fined an amount up to three (3) times the retail value of the property bearing or services identified by a counterfeit mark.
    (f) If a person is convicted of violating this section, the court may order that:
        (1) the items bearing a counterfeit mark be released to the owner of the trademark that was counterfeited, or destroyed; or
        (2) the equipment used to manufacture the items bearing a counterfeit mark be destroyed or disposed of in a manner that the court considers appropriate.
    (g) In a trial for a violation of this section, a state or federal certificate of registration of intellectual property constitutes prima

facie evidence of the facts stated in the certificate of registration.
    (h) The remedies provided in this section do not preclude other civil or criminal remedies provided by law.

    SECTION 2. [EFFECTIVE JULY 1, 2000] IC 35-43-5-14 , as added by this act, applies only to crimes committed after June 30, 2000.