Monday, 22 September 2008

Prison in Paraguay: sentencing options are amended

Law 3440/08, which amends certain provisions of the Paraguayan Criminal Code, was promulgated this July and is expected to come into force in July 2009. It amends Article 184, which governs violations of IP rights. In respect of various infringing acts that have criminal consequences the maximum custodial sentence is raised from three years to five. Where 'special circumstances' exist, the maximum sentence is eight years. Such circumstances are where
* goods are made or commercialised on an industrial scale;

* the infringing goods have a high commercial value;

* the infringement causes substantial financial loss to the rights owner and

* the infringer has engaged minors under the age of 18 in the commission of the infringement.

[source: Mirta Miyasaki (Berkemeyer Attorneys and Counselors, Asuncion), writing in World Trademark Report].

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