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Legislative Implementation of Flexibilities - Papua New Guinea

Title:Article 61 of the Patents and Industrial Designs Act of 01/07/2000
Field of IP:Patents
Type of flexibility:Criminal sanctions for patent infringement
Summary table:PDF

Provisions of Law

61. GENERAL PENALTY.

(1) A person who -

(a) does an act or thing that the person is prohibited to do by or under a provision of this Act; or

(b) does not do an act or thing that the person is required or directed to do by or under a provision of this Act; or

(c) otherwise contravenes a provision of this Act;

is guilty of an offence by virtue of this subsection, unless that or another provision of this Act provides that the person -

(d) is guilty of an offence; or

(e) is not guilty of an offence.

(2) A person who is guilty of an offence against this Act, whether by virtue of Subsection (1) or otherwise, is punishable, on conviction, by a penalty not exceeding the penalty applicable to the offence.

(3) Where a provision of this Act (other than this section) provides that the penalty applicable to a contravention of a particular provision of this Act is a specified penalty, pecuniary or otherwise, the penalty applicable to an offence constituted by a contravention of the particular provision is the specified penalty.

(4) Except as provided in Subsection (3) or in a provision of this Act (other than this section), a person who commits an offence is liable on conviction to a fine not exceeding K5,000.00.

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