Title: | Article 57 of the Consolidated Patents Act, Act No. 108 of 24/01/2012 |
Field of IP: | Patents |
Type of flexibility: | Criminal sanctions for patent infringement |
Summary table: |
57.-
(1) Any person who intentionally or grossly negligently infringes the exclusive right conferred by a patent (patent infringement) shall be punished with a fine.
(2) If the infringement has been committed intentionally and under aggravating circumstances, the penalty may increase to imprisonment of up to 1 year and 6 months, unless a heavier penalty is provided for by section 299b of the Penal Code. Aggravating circumstances shall in particular be considered to exist if a significant and obviously unlawful profit is intended by the infringement.
(3) Companies, etc. (legal entities) may be held liable to punishment under the rules of Part 5 of the Penal Code.
(4) In the case of infringements comprised by subsection 1 proceedings shall be instituted by the injured party. In the case of infringements comprised by subsection 2 proceedings shall be instituted only at the request of the injured party unless the institution of proceedings is required in the interests of the public.