États-Unis d'Amérique

Slovénie

Moyens de faire respecter les DPI

Procédures pénales

17. Article 61 of the TRIPS Agreement requires that Members have criminal procedures and penalties, including imprisonment and/or monetary fines sufficient to act as a deterrent, at least for cases of wilful trademark counterfeiting and copyright infringement on a commercial scale. IP/N/6/SVN/1 describes the provisions and the penalties. In relation to copyright, the documents describe an intent element, i.e., that the party have the intent "to obtain … a substantial unlawful material gain".

The intent element is a legal threshold, which draws a distinction between a copyright infringement as a criminal act (intent existing, Article 159 of the Criminal Code) and a copyright infringement as a misdemeanour (intent not existing, Article 184(1) of the Copyright Act). The term "substantial material gain" is defined as five average monthly net salaries (Article 126(13)2 of the Criminal Code), i.e. an income amounting to a total of approximately US$2 720.