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Penal Code of the Republic of Bulgaria - art. 172а |
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Unofficial Translation from Bulgarian! I. Art. 172a
(1) Any person who records, reproduces, distributes, broadcasts or transmits or otherwise uses other person’s subject matter of copyright or neighboring rights, or copies thereof, without the consent of the right owner required by law, shall be punished by imprisonment up to five years and a fine up to five thousand leva.
(2) Any person who without the consent required by law, holds in possession physical copies containing other person’s subject matter of copyright or neighboring rights amounting to a value in large size, or holds in possession matrices for replication of such physical copies, shall be punished by imprisonment from two to five years and a fine from two thousand to five thousand leva. (3) In case the offence under paragraph (1) and (2) is repeated or considerable damage has been incurred, the punishment shall be imprisonment from one to six years and a fine from three thousand to ten thousand leva. (4) (New) In case the offence under paragraph (2) is in particularly large scale, the punishment shall be imprisonment from two to eight years and a fine from ten thousand to fifty thousand leva. (5) (Former paragraph 4) For minor cases the perpetrator shall be punished under the administrative procedure in compliance with the Copyright and Neighboring Rights Act.
(6) (Former paragraph 5) The object of the crime shall be forfeited in favor of the state, notwithstanding whose property it is and shall be destroyed.
II. Art. 227 is repealed and a new Art. 172b is created.
(1) Any person who without the consent of the owner of the exclusive right uses in commercial activities a trademark, industrial design, plant variety or animal variety subject matter of this exclusive right, or uses geographical indication or an imitation thereof without legal grounds, shall be punished by imprisonment up to 5 years and a fine up to five thousand leva.
(2) In case the offence under paragraph (1) is repeated or considerable damage has been incurred, the punishment shall be imprisonment from five to eight years and a fine from five thousand to eight thousand leva.
(3) The object of the crime shall be forfeited in favor of the state, notwithstanding whose property it is and shall be destroyed.
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