Bill S3980-2013

Establishes the crimes of possession of a counterfeit trademark in the first, second and third degrees

Establishes the crimes of possession of a counterfeit trademark in the first, second and third degrees.

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  • Jan 8, 2014: REFERRED TO CODES
  • Mar 4, 2013: REFERRED TO CODES

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BILL NUMBER:S3980

TITLE OF BILL: An act to amend the penal law, in relation to establishing the crimes of possession of a counterfeit trademark in the first, second and third degrees

PURPOSE:

To increase the penalties for possessing counterfeit product-labels for fake goods.

SUMMARY OF PROVISIONS:

This legislation would increase the penalties for the possession of counterfeit trademarks, including, for example, Product-labels.

LEGISLATIVE HISTORY:

2012: S.4374 - Referred to Codes / A.4166 - Referred to Codes 2011: S.4374 - Referred to Codes / A.4166 - Referred to Codes

JUSTIFICATION:

Trademark counterfeiting is a serious problem which is reportedly getting worse. The counterfeit goods trade comprises the sale of so-called knock-offs of brand-name products as well as pirated intellectual property, including "bootleg" DVDs. It has been estimated that this illicit trade takes billions of dollars out of the state's economy, with an annual fiscal impact of over $2.8 billion in lost revenue.

Under current law, possession of counterfeit trademarks is prohibited. However, prosecutions for such possession under the trademark. counterfeiting sections of the penal law generally require proof of the counterfeit goods in addition to, for example, their counterfeit product-labels. This legislation would allow for prosecutions for possession of the counterfeit trademarks alone.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

The first day of November next succeeding the date on which it shall have become law.


Text

STATE OF NEW YORK ________________________________________________________________________ 3980 2013-2014 Regular Sessions IN SENATE March 4, 2013 ___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to establishing the crimes of possession of a counterfeit trademark in the first, second and third degrees THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The penal law is amended by adding three new sections 165.75, 165.76 and 165.77 to read as follows: S 165.75 POSSESSION OF A COUNTERFEIT TRADEMARK IN THE THIRD DEGREE. A PERSON IS GUILTY OF POSSESSION OF A COUNTERFEIT TRADEMARK IN THE THIRD DEGREE WHEN, WITH THE INTENT TO DECEIVE OR DEFRAUD SOME OTHER PERSON OR WITH THE INTENT TO EVADE A LAWFUL RESTRICTION ON THE SALE, RESALE, OFFERING FOR SALE, OR DISTRIBUTION OF GOODS, HE OR SHE POSSESSES A COUNTERFEIT TRADEMARK KNOWING IT TO BE COUNTERFEIT FOR THE PURPOSE OF AFFIXING IT TO ANY GOODS. POSSESSION OF A COUNTERFEIT TRADEMARK IN THE THIRD DEGREE IS A CLASS A MISDEMEANOR. S 165.76 POSSESSION OF A COUNTERFEIT TRADEMARK IN THE SECOND DEGREE. A PERSON IS GUILTY OF POSSESSION OF A COUNTERFEIT TRADEMARK IN THE SECOND DEGREE WHEN, WITH THE INTENT TO DECEIVE OR DEFRAUD SOME OTHER PERSON OR WITH THE INTENT TO EVADE A LAWFUL RESTRICTION ON THE SALE, RESALE, OFFERING FOR SALE, OR DISTRIBUTION OF GOODS, HE OR SHE POSSESSES MORE THAN ONE HUNDRED COUNTERFEIT TRADEMARKS KNOWING THEM TO BE COUNTER- FEIT FOR THE PURPOSE OF AFFIXING THEM TO ANY GOODS. POSSESSION OF A COUNTERFEIT TRADEMARK IN THE SECOND DEGREE IS A CLASS E FELONY. S 165.77 POSSESSION OF A COUNTERFEIT TRADEMARK IN THE FIRST DEGREE. A PERSON IS GUILTY OF POSSESSION OF A COUNTERFEIT TRADEMARK IN THE FIRST DEGREE WHEN, WITH THE INTENT TO DECEIVE OR DEFRAUD SOME OTHER PERSON OR WITH THE INTENT TO EVADE A LAWFUL RESTRICTION ON THE SALE,
RESALE, OFFERING FOR SALE, OR DISTRIBUTION OF GOODS, HE OR SHE POSSESSES MORE THAN ONE THOUSAND COUNTERFEIT TRADEMARKS KNOWING THEM TO BE COUN- TERFEIT FOR THE PURPOSE OF AFFIXING THEM TO ANY GOODS. POSSESSION OF A COUNTERFEIT TRADEMARK IN THE FIRST DEGREE IS A CLASS C FELONY. S 2. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.

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