Members
shall provide for
criminal procedures and
penalties to be applied at
least in
cases of
wilful trademark counterfeiting or
copyright piracy
on a
commercial scale.
Remedies available shall
include imprisonment
and/or
monetary fines sufficient to provide a
deterrent, consistently
with the level of
penalties applied for
crimes of a
corresponding
gravity. In appropriate
cases,
remedies available shall also
include
the
seizure, forfeiture and
destruction of the infringing
goods and
of any
materials and
implements the predominant use of which has been
in the
commission of the
offence.
Members may provide for
criminal
procedures and
penalties to be applied in other
cases of
infringement
of
intellectual property rights, in particular where they are
committed wilfully and on a
commercial scale.