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Part 9 · Criminal and regulatory fine regulations, seizure on import and export  ›  Chapter 1 · Criminal and regulatory fine regulations › Section 144

Punishable use of indications of geographical origin

(1) Any person who, in trade, unlawfully uses an indication of geographical origin, a name, an indication or a sign

1.  contrary to section 127 (1) or (2), in each case also in conjunction with subsection (4), or of a statutory instrument in accordance with section 137 (1); or

2.  contrary to section 127 (3), also in conjunction with subsection (4), or of a statutory instrument in accordance with section 137 (1), with the intention to take advantage of or be detrimental to the reputation or distinctive character of an indication of geographical origin

shall be liable to imprisonment of up to two years or a fine.

(2) The same punishment shall be imposed on any person who, contrary to Article 13 (1)
(a) or
(b) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343 of 14 December 2012, p. 1) in trade

1.  uses a registered name for a product listed therein, or

2.  adopts or imitates a registered name.

(3) An attempt shall be punishable.

(4) In the case of a conviction, the court shall find that the unlawful marking of objects in the possession of the convict shall be removed or, if this is not possible, the objects shall be destroyed.

(5) Where a penalty is imposed, and if necessary in the public interest, an order shall be made to the effect that the conviction be made public. The nature of the publication shall be laid down in the judgment.

(6) (repealed)

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