The Nicaraguan intellectual property legislation establishes penalties for the infringement of rights, together with appropriate fines: Law on Patents (Articles 131 and 132) Anyone who: - Falsely causes a product to appear to be a patented product or protected by utility models or an industrial design; - without being the holder of a patent, utility model or industrial design or while no longer enjoying those privileges invokes it before a third party as if he were so entitled; shall be liable to two to four years' imprisonment and a fine of 5,000 Central American pesos , the equivalent of 5,000 United States dollars. Anyone who: - Counterfeits wilfully and on a commercial scale; - discloses to a third party a business secret known to him through his work, position, the conduct of his profession, or business relations or by virtue of the granting of a licence, without the consent of the person keeping the business secret; - acquires a business secret unlawfully and without the consent of the person keeping the secret or its authorized user, in order to use it or disclose it to a third party, for the purpose of obtaining an economic advantage for himself or for a third party or for the purpose of causing injury to the person keeping the business secret or its authorized user; - makes use of information contained in a business secret which became known to him through his work, position, or the conduct of his profession or business relations, without the consent of the keeper of the secret or its authorized user, or has been disclosed to him by a third party, while aware that the latter did not disclose it with the consent of the keeper of the secret or its authorized user, for the purpose of obtaining an economic advantage or causing injury to the keeper of the secret or its authorized user; - manufactures products that are patented or protected by utility models or industrial designs or employs patented processes without the consent of the patent holder or acts without licence or authorization; - imports, distributes or markets products covered by a patent or protected by utility models or industrial designs, while aware that they were manufactured or produced without the consent of the right holder or without licence or authorization; shall be liable to four to six years' imprisonment and a fine of 8,000 Central American pesos, equivalent to 8,000 United States dollars. Law on Copyright and Neighbouring Rights (Articles 106 to 112) In the following cases anyone infringing copyright or the rights of a performer, phonogram producer or broadcasting organization shall be liable to one to two years' imprisonment: - Using without the written consent of the right holder the title of a work that effectively distinguishes it from others of the same kind, where there is a risk of confusion; - making any translation, arrangement or other transformation of the work without the written authorization of its author or the right holder; - publicly communicating a work or phonogram without the written authorization of the author or right holder in any form or by any process, whether in its original or an altered form, in whole or in part; - distributing copies of a work or phonogram by sale, rental, importation or any other method of distribution without the authorization of the right holder; - retransmitting or distributing a radio or television broadcast, by any wire or wireless means, without the authorization of the right holder; - reproducing or distributing, being the assignee or licensee authorized by the holder of the corresponding right, a greater number of copies than the contract permits, or communicating, reproducing or distributing the work after the agreed authorization period has expired; - where a person falsely attributes to himself original or derived ownership of any copyright or neighbouring rights and by virtue of that false attribution causes the competent judicial or administrative authority to suspend the communication, reproduction or distribution of the work, performance or production; and - when the person authorized to use or exploit one or more works makes false statements in accounts of proceeds, works used, or authors' identities, or regarding authorization obtained or numbers of copies, or makes any other alteration to data that is liable to prejudice any holder of copyright or related rights. A penalty of two to three years' imprisonment for whoever: - Without the written authorization of the right holder, reproduces or copies works or phonograms by any means or process, in the original or an altered form, in whole or in part; - imports, stocks, distributes, exports, sells, offers for sale, holds, hires, or otherwise places in circulation unlawful reproductions of works or phonograms; - registers in the Copyright Register the work, performance or production of another as if it were his own or that of a person different from the true author or right holder; and - without the written authorization of the holder reproduces, fixes or copies, by any means, a work, performance, phonogram or radio or television broadcast, in whole or in part, or imports, stocks, holds, distributes, exports, sells, hires or otherwise places in circulation such reproductions or copies. The penalties specified in the foregoing Articles may be increased by one third if the offences are committed in relation to a work, performance or production that is not intended for disclosure, or in the case of appropriation of authorship, or distortion, mutilation or other alteration liable to prejudice the honour or reputation of a person protected by the Law. In addition to the above-mentioned penalties, the court may impose on the offender a fine of from 3,000 to 25,000 córdobas , depending on the seriousness of the offence, and if the latter was a trader will order suspension, without prejudice to his civil liabilities. Printers and other enterprises engaged in similar activities may not print or reproduce labels, covers and other materials necessary for the dissemination of works and phonograms, without the authorization of the right holder. The indemnification which the infringer must pay the injured party for infringing his copyright or related rights will be at least equal to the selling price of a lawful copy multiplied by the number of unlawful copies seized. In any case, the amount of indemnification will not be less than the value of 100 copies. The following acts will be considered unlawful and treated as an infringement of the rights of the authors and other copyright holders: - The manufacture or importation, for sale or hire, of a device or means especially designed or adapted for rendering inoperative any device or means intended to prevent or restrict the reproduction of a work or degrade the quality of copies made; - the manufacture or importation, for sale or hire, of a device or means that allows or facilitates the reception of an encoded programme, whether broadcast or communicated to the public by some other means, by persons not authorized to receive it; - the unauthorized elimination or alteration of any information concerning rights management presented in electronic form; - the unauthorized distribution or importation for distribution, broadcasting, communication to the public or making available to the public of works, performances, phonograms or broadcasts, while aware that information concerning rights management presented in electronic form has been eliminated or altered without authorization; - for the purposes of this Article, "information concerning rights management" shall mean information that makes it possible to identify the author, the work, the performer, the performance, the phonogram producer, the phonogram, the broadcasting organization, the broadcast and any holder of rights under this Law or any information concerning the terms and conditions for the use of the work and other productions envisaged by the Law and any number of code representing such information, when any such item of information has been added to a copy of a work, a fixed performance, a copy of a phonogram or a fixed broadcast or appears in connection with the broadcasting, communication to the public or making available to the public of a work, a fixed performance, a phonogram or a broadcast. The criminal proceedings for the prosecution of these offences are public and subject to a six year period of limitation. The provisions of the Law on Patents are applicable to the Law on the Protection of Lay-Out Designs of Integrated Circuits (Article 24). Law on the Protection of Programme-Carrying Satellite Signals (Articles 35 to 37) Offences and penalties: anyone who, without the prior written consent of the holder of the right in the broadcast signal, commits any of the following acts: - Retransmits or distributes to the public a programme-carrying signal, whether by wireless means or via cable, optical fibre or other similar method; - decodes an encoded programme-carrying signal, whether transmitted by wire or by wireless means; - fixes and produces a protected broadcast for distribution to the public of copies containing the reproduction; - participates in or contributes to the manufacture, assembly, modification, sale, hire, installation, maintenance or otherwise placing in circulation of a device or system which can be used for decoding an encoded programme-carrying signal or for enabling or facilitating the reception of an encoded programme; shall be liable to three to four years' imprisonment. Subsidiary penalties: without prejudice to the criminal penalty for which the previous Article provides, the court shall order the publication of the verdict in one or more newspapers with a wide circulation, at the infringer's expense. The court shall also order the destruction of everything used for committing the offence or its handing over to the injured party, if he so requests, unless the equipment can be used for a lawful purpose. Telcor, the Telecommunications Regulatory Authority, is authorized to suspend, temporarily or permanently, the licences of natural or legal persons who have been punished for violations of this Law; application for suspension is made by the right holder who brought the criminal proceedings by submitting a certified copy of the verdict to the regulatory authority. Provisional measures in criminal proceedings: the competent court is authorized to order and enforce the provisional measures provided for in civil proceedings. Law on the Protection of New Plant Varieties (Article 80) Criminal penalties: any act leading to the improper use of a breeder's right and any infringement knowingly committed constitutes a punishable offence for the purposes of this Law. In this case, the arrangements, procedures and penalties laid down in the relevant legislation will be applicable. Law on Trademarks and Other Distinctive Signs (Articles 102 and 103) Criminal penalties for infringement: anyone who, without the consent of the respective right holder, wilfully commits any of the following acts: - Makes commercial use of a registered trademark or a copy or imitation thereof, in relation to products or services that it distinguishes; - makes commercial use of a protected business name, title or emblem; - makes commercial use in relation to a product or service of a geographical indication that is false or likely to mislead the public as to the origin of that product or service or as to the identity of the producer, manufacturer or supplier of the product or service; - makes commercial use in relation to a product of a false or misleading appellation of origin, even if the true origin of the product is indicated, or the appellation is used in translation or accompanied by expressions such as "type", "kind", "style", "imitation" or the like; shall be liable to three to six years' imprisonment or a fine of not more twenty-five thousand Central American pesos ($CA 25,000), equivalent to twenty-five thousand United States dollars (US$25,000) or both. Proceedings against the offences described: The offences specified in this Law can be prosecuted at the instance of the competent authority or upon the filing of a complaint by an interested party, including any entity or organization representative of a branch of industry or consumers. Criminal proceedings are subject to a period of limitation of four years from the time that the offence was last committed, whichever is the earlier [sic].