Text: HF02394 Text: HF02396 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 HOUSE FILE 2395
1 2
1 3 AN ACT
1 4 CREATING THE CRIMINAL OFFENSE OF INTELLECTUAL PROPERTY
1 5 COUNTERFEITING, AND PROVIDING A PENALTY.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. NEW SECTION. 714.26 INTELLECTUAL PROPERTY
1 10 COUNTERFEITING.
1 11 1. DEFINITIONS. As used in this section unless the
1 12 context otherwise requires:
1 13 a. "Counterfeit mark" means any unauthorized reproduction
1 14 or copy of intellectual property, or intellectual property
1 15 affixed to any item knowingly sold, offered for sale,
1 16 manufactured, or distributed, or identifying services offered
1 17 or rendered, without authority of the owner of the
1 18 intellectual property.
1 19 b. "Intellectual property" means any trademark, service
1 20 mark, trade name, label, term, device, design, or word adopted
1 21 or used by a person to identify the items or services of the
1 22 person.
1 23 c. "Retail value" means the highest value of an item
1 24 determined by any reasonable standard at the time the item
1 25 bearing or identified by a counterfeit mark is seized. If a
1 26 seized item bearing or identified by a counterfeit mark is a
1 27 component of a finished product, "retail value" also means the
1 28 highest value, determined by any reasonable standard, of the
1 29 finished product on which the component would have been
1 30 utilized. The retail value shall be the retail value of the
1 31 aggregate quantity of all items seized which bear or are
1 32 identified by a counterfeit mark. For purposes of this
1 33 paragraph, reasonable standard includes but is not limited the
1 34 to market value within the community, actual value,
1 35 replacement value, or the counterfeiter's regular selling
2 1 price for the item bearing or identified by a counterfeit
2 2 mark, or the intellectual property owner's regular selling
2 3 price for an item similar to the item bearing or identified by
2 4 a counterfeit mark.
2 5 2. CRIMINAL OFFENSE. A person who knowingly manufactures,
2 6 produces, displays, advertises, distributes, offers for sale,
2 7 sells, possesses with intent to sell or distributes any item
2 8 or knowingly provides service bearing or identified by a
2 9 counterfeit mark commits intellectual property counterfeiting.
2 10 a. A person commits intellectual property counterfeiting
2 11 in the first degree if any of the following apply:
2 12 (1) The person is manufacturing or producing an item
2 13 bearing or identified by a counterfeit mark.
2 14 (2) The offense involves more than one thousand items
2 15 bearing or identified by a counterfeit mark or the total
2 16 retail value of such items is equal to or greater than ten
2 17 thousand dollars.
2 18 (3) The offense is a third or subsequent violation of this
2 19 section.
2 20 Intellectual property counterfeiting in the first degree is
2 21 a class "C" felony.
2 22 b. A person commits intellectual property counterfeiting
2 23 in the second degree if any of the following apply:
2 24 (1) The offense involves more than one hundred items but
2 25 does not involve more than one thousand items bearing or
2 26 identified by a counterfeit mark or the total retail value of
2 27 such items is equal to or greater than one thousand dollars
2 28 but less than ten thousand dollars.
2 29 (2) The offense is a second violation of this section.
2 30 Intellectual property counterfeiting in the second degree
2 31 is a class "D" felony.
2 32 c. All intellectual property counterfeiting which is not
2 33 intellectual property counterfeiting in the first degree or
2 34 second degree is intellectual property counterfeiting in the
2 35 third degree. Intellectual property counterfeiting in the
3 1 third degree is an aggravated misdemeanor.
3 2 3. EVIDENCE. Any state or federal certificate of
3 3 registration of any intellectual property shall be prima facie
3 4 evidence of ownership of the intellectual property in dispute.
3 5 4. SEIZURE AND DISPOSITION. Any items bearing or
3 6 identified by a counterfeit mark, and all personal property,
3 7 including but not limited to any items, objects, tools,
3 8 machines, equipment, instrumentalities, or vehicles used in
3 9 connection with a violation of this section, shall be seized
3 10 by any law enforcement agency.
3 11 a. All seized personal property shall be disposed of in
3 12 accordance with section 809.5 or as provided in paragraph "b".
3 13 b. Upon request of the intellectual property owner, all
3 14 seized items bearing or identified by a counterfeit mark shall
3 15 be released by the seizing agency to the intellectual property
3 16 owner for destruction or disposition. If the intellectual
3 17 property owner does not request release of the seized items,
3 18 the items shall be destroyed unless the intellectual property
3 19 owner consents to another disposition.
3 20
3 21
3 22
3 23 CHRISTOPHER C. RANTS
3 24 Speaker of the House
3 25
3 26
3 27
3 28 JEFFREY M. LAMBERTI
3 29 President of the Senate
3 30
3 31 I hereby certify that this bill originated in the House and
3 32 is known as House File 2395, Eightieth General Assembly.
3 33
3 34
3 35
4 1 MARGARET THOMSON
4 2 Chief Clerk of the House
4 3 Approved , 2004
4 4
4 5
4 6
4 7 THOMAS J. VILSACK
4 8 Governor
Text: HF02394 Text: HF02396 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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