Hong Kong, China
Estados Unidos de América
Observancia de los derechos de propiedad intelectual
Procedimientos penales
2. Is parallel import of articles infringing intellectual property rights (especially copyright) a criminal offence? If yes, please quote the relevant legislation or hallmark cases.
In the case of copyright, yes. Section 506(a) defines criminal copyright infringement as follows: "(a) Criminal infringement - Any person who infringes a copyright wilfully and for purposes of commercial advantage or private financial gain shall be punished as provided in section 2319 of title 18." Section 501(a) defines an "infringer of a copyright" as "Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 118, ... , or who imports copies or phonorecords into the United States in violation of section 602, ...". The relevant part of Section 602 states that "Importation into the United States, without the authority of the owner of copyright under this title, of copies or phonorecords of a work that have been acquired outside the United States is an infringement of the exclusive right to distribute copies or phonorecords under section 106, actionable under section 501, ...". Penalties for criminal copyright infringement are set forth in 18 U.S.C. § 2319.