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In criminal matters, under Article 61 of the TRIPS Agreement, member countries “shall” provide for criminal procedures and penalties, at least for “deliberate” acts of trademark counterfeiting or copyright piracy, provided these are committed on a commercial scale. For other categories of IP rights, the Agreement states that member countries “may” provide for criminal procedures and penalties applicable to acts of counterfeiting, even when committed deliberately and on a commercial scale.

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Criminal Liability for Trademark Counterfeiting

  • 章节

  • 发表日期：

    2026年

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  • Shujie Feng

摘要

In criminal matters, under Article 61 of the TRIPS Agreement, member countries “shall” provide for criminal procedures and penalties, at least for “deliberate” acts of trademark counterfeiting or copyright piracy, provided these are committed on a commercial scale. For other categories of IP rights, the Agreement states that member countries “may” provide for criminal procedures and penalties applicable to acts of counterfeiting, even when committed deliberately and on a commercial scale.