Page 409 - Regional Comprehensive Economic Partnership (RCEP)

Article 11.72: Destruction Order by Competent Authorities sale of such goods on a commercial scale is an unlawful activity
subject to criminal penalties.
Each Party shall provide that, without prejudice to other rights of action
open to the right holder and subject to the right of the defendant to seek 3. With respect to the offences described in paragraphs 1 and 2,
review by a judicial authority, its competent authorities shall have the each Party shall provide for the following:
authority to order the destruction and the authority to order the disposal
of goods that are determined to be pirated copyright goods or counterfeit (a) penalties that include sentences of imprisonment as well
trademark goods. In cases where such goods are not destroyed, each as monetary fines sufficient to provide a deterrent
Party shall ensure that, except in exceptional circumstances, such goods consistent with the level of penalties applied for crimes of
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are disposed of outside the channels of commerce in such a manner as a corresponding gravity;
to avoid any harm to the right holder. In regard to counterfeit trademark
goods, the simple removal of the trademark unlawfully affixed shall not (b) its judicial authorities have the authority to order the
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be sufficient, other than in exceptional cases, to permit the release of the seizure of suspected pirated copyright goods or
goods into the channels of commerce. counterfeit trademark goods, related materials and
implements predominantly used in the commission of the
offence, and documentary evidence relevant to the alleged
Article 11.73: Fees offence; and

Where an application fee, merchandise storage fee, or destruction fee is (c) its judicial authorities have the authority to order, without
established or assessed in connection with border measures to enforce compensation of any kind for the defendant, the forfeiture
an intellectual property right, each Party shall provide that the fee shall or destruction of:
not be set at an amount that unreasonably deters recourse to these
measures. (i) pirated copyright goods or counterfeit trademark
goods;

SUBSECTION 4 (ii) materials and implements that have been
CRIMINAL REMEDIES predominantly used in the creation of pirated
copyright goods or counterfeit trademark goods;
and
Article 11.74: Criminal Procedures and Penalties
(iii) any other labels or packaging to which a counterfeit
1. Each Party shall provide for criminal procedures and penalties to trademark has been applied and that have been
be applied at least in cases of wilful copyright or related rights used in the commission of the offence.
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piracy or trademark counterfeiting on a commercial scale.
4. Recognising the need to address the unauthorised copying of a
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2. Each Party shall treat wilful importation of pirated copyright goods cinematographic work on a commercial scale from a performance
or counterfeit trademark goods on a commercial scale as unlawful in a movie theatre, which causes significant harm to a right holder
activities subject to the criminal procedures and penalties referred
to in paragraph 1. A Party may comply with its obligation relating 62
Nothing in this Article shall be construed to oblige a Party to provide for the possibility
to importation under this Article by providing that distribution or of imprisonment and monetary fines to be imposed in parallel.

63 A Party may comply with its obligations under this subparagraph, with respect to pre-
trial seizure, by providing its criminal enforcement authorities with the authority to order
61 For the purposes of the application of this Article, paragraph 1 shall not prevent a such seizures.
Party from determining the scope of application of criminal procedures and penalties in
case of wilful related rights piracy on a commercial scale, in accordance with its laws 64 For the purposes of this paragraph, a Party may treat “copying” as synonymous with
and regulations. “reproduction”.

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