(a) to which a mark has been applied without authorization which is identical
to, or cannot be distinguished from, a trademark registered in its territory;
and
(b) which are intended to be used in the course of trade on goods or in
relation to services which are identical to goods or services for which
such trademark is registered.
3. A Party may provide criminal procedures and penalties in appropriate cases for
the unauthorized copying of cinematographic works from a performance in a motion
picture exhibition facility generally open to the public.
4. With respect to the offences specified in this Article for which a Party provides
criminal procedures and penalties, that Party shall ensure that criminal liability for
aiding and abetting is available under its law.
5. Each Party shall adopt such measures as may be necessary, consistent with its
legal principles, to establish the liability, which may be criminal, of legal persons for the
offences specified in this Article for which the Party provides criminal procedures and
penalties. Such liability shall be without prejudice to the criminal liability of the natural
persons who have committed the criminal offences.
ARTICLE 24: PENALTIES
For offences specified in paragraphs 1, 2, and 4 of Article 23 (Criminal
Offences), each Party shall provide penalties that include imprisonment as well as
monetary fines12 sufficiently high to provide a deterrent to future acts of infringement,
consistently with the level of penalties applied for crimes of a corresponding gravity.
ARTICLE 25: SEIZURE, FORFEITURE, AND DESTRUCTION
1. With respect to the offences specified in paragraphs 1, 2, 3, and 4 of Article 23
(Criminal Offences) for which a Party provides criminal procedures and penalties, that
Party shall provide that its competent authorities have the authority to order the seizure
of suspected counterfeit trademark goods or pirated copyright goods, any related
materials and implements used in the commission of the alleged offence, documentary
evidence relevant to the alleged offence, and the assets derived from, or obtained
directly or indirectly through, the alleged infringing activity.
2. Where a Party requires the identification of items subject to seizure as a
prerequisite for issuing an order referred to in paragraph 1, that Party shall not require
the items to be described in greater detail than necessary to identify them for the
12 It is understood that there is no obligation for a Party to provide for the possibility of imprisonment
and monetary fines to be imposed in parallel.
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