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House Amendment 8227

Amendment Text

PAG LIN
  1  1    Amend House File 2395 as follows:
  1  2    #1.  By striking everything after the enacting
  1  3 clause and inserting the following:
  1  4    "Section 1.  NEW SECTION.  714.26 INTELLECTUAL
  1  5 PROPERTY COUNTERFEITING.
  1  6    1.  DEFINITIONS.  As used in this section unless
  1  7 the context otherwise requires:
  1  8    a.  "Counterfeit mark" means any unauthorized
  1  9 reproduction or copy of intellectual property, or
  1 10 intellectual property affixed to any item knowingly
  1 11 sold, offered for sale, manufactured, or distributed,
  1 12 or identifying services offered or rendered, without
  1 13 authority of the owner of the intellectual property.
  1 14    b.  "Intellectual property" means any trademark,
  1 15 service mark, trade name, label, term, device, design,
  1 16 or word adopted or used by a person to identify the
  1 17 items or services of the person.
  1 18    c.  "Retail value" means the highest value of an
  1 19 item determined by any reasonable standard at the time
  1 20 the item bearing or identified by a counterfeit mark
  1 21 is seized.  If a seized item bearing or identified by
  1 22 a counterfeit mark is a component of a finished
  1 23 product, "retail value" also means the highest value,
  1 24 determined by any reasonable standard, of the finished
  1 25 product on which the component would have been
  1 26 utilized.  The retail value shall be the retail value
  1 27 of the aggregate quantity of all items seized which
  1 28 bear or are identified by a counterfeit mark.  For
  1 29 purposes of this paragraph, reasonable standard
  1 30 includes but is not limited the to market value within
  1 31 the community, actual value, replacement value, or the
  1 32 counterfeiter's regular selling price for the item
  1 33 bearing or identified by a counterfeit mark, or the
  1 34 intellectual property owner's regular selling price
  1 35 for an item similar to the item bearing or identified
  1 36 by a counterfeit mark.
  1 37    2.  CRIMINAL OFFENSE.  A person who knowingly
  1 38 manufactures, produces, displays, advertises,
  1 39 distributes, offers for sale, sells, possesses with
  1 40 intent to sell or distributes any item or knowingly
  1 41 provides service bearing or identified by a
  1 42 counterfeit mark commits intellectual property
  1 43 counterfeiting.
  1 44    a.  A person commits intellectual property
  1 45 counterfeiting in the first degree if any of the
  1 46 following apply:
  1 47    (1)  The person is manufacturing or producing an
  1 48 item bearing or identified by a counterfeit mark.
  1 49    (2)  The offense involves more than one thousand
  1 50 items bearing or identified by a counterfeit mark and
  2  1 the total retail value of such items is equal to or
  2  2 greater than ten thousand dollars.
  2  3    (3)  The offense is a third or subsequent violation
  2  4 of this section.
  2  5    Intellectual property counterfeiting in the first
  2  6 degree is a class "C" felony.
  2  7    b.  A person commits intellectual property
  2  8 counterfeiting in the second degree if any of the
  2  9 following apply:
  2 10    (1)  The offense involves more than one hundred
  2 11 items but does not involve more than one thousand
  2 12 items bearing or identified by a counterfeit mark and
  2 13 the total retail value of such items is equal to or
  2 14 greater than one thousand dollars but less than ten
  2 15 thousand dollars.
  2 16    (2)  The offense is a second violation of this
  2 17 section.
  2 18    Intellectual property counterfeiting in the second
  2 19 degree is a class "D" felony.
  2 20    c.  All intellectual property counterfeiting which
  2 21 is not intellectual property counterfeiting in the
  2 22 first degree or second degree is intellectual property
  2 23 counterfeiting in the third degree.  Intellectual
  2 24 property counterfeiting in the third degree is an
  2 25 aggravated misdemeanor.
  2 26    3.  EVIDENCE.  Any state or federal certificate of
  2 27 registration of any intellectual property shall be
  2 28 prima facie evidence of ownership of the intellectual
  2 29 property in dispute.
  2 30    4.  SEIZURE AND DISPOSITION.  Any items bearing or
  2 31 identified by a counterfeit mark, and all personal
  2 32 property, including but not limited to any items,
  2 33 objects, tools, machines, equipment,
  2 34 instrumentalities, or vehicles used in connection with
  2 35 a violation of this section, shall be seized by any
  2 36 law enforcement agency.
  2 37    (1)  All seized personal property shall be disposed
  2 38 of in accordance with section 809.5 or as provided in
  2 39 subparagraph (2).
  2 40    (2)  Upon request of the intellectual property
  2 41 owner, all seized items bearing or identified by a
  2 42 counterfeit mark shall be released by the seizing
  2 43 agency to the intellectual property owner for
  2 44 destruction or disposition.  If the intellectual
  2 45 property owner does not request release of the seized
  2 46 items, the items shall be destroyed unless the
  2 47 intellectual property owner consents to another
  2 48 disposition."
  2 49    #2.  Title page, by striking lines 1 and 2, and
  2 50 inserting the following:  "An Act creating the
  3  1 criminal offense of intellectual property
  3  2 counterfeiting, and providing a penalty." 
  3  3 
  3  4 
  3  5                               
  3  6 SCHICKEL of Cerro Gordo
  3  7 
  3  8 
  3  9                               
  3 10 HEATON of Henry
  3 11 HF 2395.501 80
  3 12 jm/pj
     

Text: H08226                            Text: H08228
Text: H08200 - H08299                   Text: H Index
Bills and Amendments: General Index     Bill History: General Index

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