Article 329/A of the Criminal Code (see the reply to question 1) qualifies violation of authors' rights and neighbouring rights as a crime in the following manner:
"(1) That person causing financial prejudice by violating the right of the author on his literary, scientific or artistic work, or that of the performing artist on his performance, or that of the producer on his sound recording, or that of the radio or television broadcaster on his program, shall be deemed to commit a misdemeanour, and shall be imprisoned up to two years, punished to do work for the benefit of the public, or fined.
"(2) The penalty for a felony shall be imprisonment up to three years, if the violation of authors' rights and neighbouring rights:
(a) causes considerable financial prejudice (over Ft 2 000 000);
(b) is committed in a businesslike manner.
"(3) The penalty shall be imprisonment up to 5 years, if the violation of authors' rights and neighbouring rights is committed by causing particularly great financial prejudice (over Ft 6 000 000).
"(4) That person, who commits the violation of authors' and neighbouring rights recklessly, shall be punished for a misdemeanour with imprisonment up to one year, or with work to be done for the benefit of the public or with fine."
These provisions of the Criminal Code entered into force on 15 May 1993.
Furthermore, under Article 329 of Criminal Code, an infringement of rights to intellectual creations is committed when a person makes the false impression that he owns the intellectual creation, invention, innovation or industrial design of another person, and causes thereby pecuniary disadvantage to the entitled party, or, misusing his job at an economic organization, makes the utilization or assertion of an intellectual creation, invention, innovation or industrial design of another person dependent on his being given a share in the fee derived, or in the profit or gains originating therefrom. This sort of infringement is a felony and is punishable with imprisonment up to three years.
As a result of an amendment to the Criminal Code in 1994, false indication of goods also amounts to a crime, which can be punished by imprisonment up to three years.
