SANCTIONS FOR INTELLECTUAL PROPERTY RIGHT VIOLATIONS

The following text is a brief introduction to sanctions available under Finnish law against violations of intellectual property rights.

REMEDIES FOR INFRINGEMENT OF COPYRIGHTS

Anyone who in purpose of gain and in violation of the Copyright Act infringes someone's right to a copyrighted work in such manner that the actions are deemed to cause severe damage, is guilty of a copyright crime. A copyright crime is punishable by a fine or imprisonment up to two years.

Anyone who deliberately in purpose of gain imports a work manufactured in another country in breach of someone's copyright, is also, according to the Copyright Act guilty of a copyright crime.

Actions which cause less harm but are nevertheless unlawful are punished as copyright offences. According to the Copyright Act anyone who violates the Act and thus infringes someone's copyright is guilty of a copyright offence in the event that the action is not unlawful pursuant to the Penal Code. Such situations includes cases where the offender violates a copyright out of gross negligence. A copyright offence is punishable by fine.

Anyone who breaches someone else's copyright is liable to pay for any damages caused by this behaviour.

ACTIONS AGAINST INFRINGEMENT OF A COMPANY NAME

An action for prohibition is appropriate in all cases when an exclusive right to a company name is infringed. The prohibition is the most important sanction against infringements of company names.

If the unlawful usage causes damage, such damages are to be compensated. A claim for damage must, according to the Company Name Act, be filed within five years from the occurrence of the damage.

Anyone who deliberately violates someone's right to a company name, is guilty of an infringement of a company name. An infringement of a company name is punishable by fine.

REMEDIES FOR INFRINGEMENT OF TRADEMARKS

Actions against infringements of trademarks are quite similar to the actions against violations against company names.

The most common action is a prohibition action against the use of the trademark that violates someone's right.

Anybody who deliberately or out of negligence violates someone's right to a trademark is liable to pay for the damages. If, however, the negligence has not been gross, the offender is only obliged to pay a compensation which the Court considers reasonable. A claim for damages must be filed within three years from the moment when the holder of the right became aware of the infringing action.

According to the Penal Code, anyone who in breach with the Trademark Act infringes someone's right to a trademark so that the action is deemed to cause severe damage, is guilty of a crime against industrial rights. A crime against industrial rights is punished with imprisonment up to two years or fine. A less severe similar action is punished as a trademark offence. A trademark offence is punished by fine.

If the holder of a trademark demands, the Court may provide that any property associated with the trademark is to be destroyed or removed.

EC Regulation on prohibition of release of counterfeit and pirated goods

Under the regulation (3295/94), customs authorities shall, under certain circumstances, take action where goods suspected of being counterfeit or pirated are entered into a member country for free circulation, export or re-export.

If customs authorities locate such goods as laid out in the regulation, they shall act to either destroy these goods or to dispose of them outside commercial channels in such a way that the original rightholder's right is not violated.

Counterfeit goods are goods which carry a trademark which is identical to a trademark validly registered in respect of the same type of goods. Further, counterfeit are goods which carry trademarks which cannot be distinguished in its essential aspects from validly registered trademarks and are thereby infringing.

Pirated goods are goods which are or embody copies made without the consent of the holder of a copyright or a neighbouring right or design right.

Helsinki, 13 January 1998 - Jan Kuhlefelt, Attorney at law

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.