Article 274 of the Penal Code

  Penal Code

1. Anyone who, for industrial or commercial purposes, without the consent of the owner of a registered industrial property right in accordance with trademark legislation and with knowledge from the register,

a) manufactures, produces or imports products that incorporate a distinctive sign that is identical or can be confused with that, or

b) offers, distributes, or wholesales products that incorporate a distinctive sign that is identical or confusing with that, or stores them for that purpose, in the case of the same or similar products, services, or activities for which the property right industry is registered.

Are you looking for a lawyer specialized in Criminal Law?

we help you find a criminal lawyer.
We have a wide network of collaborating lawyers in all Spain.

2. Anyone who, for industrial or commercial purposes, without the consent of the holder of a registered industrial property right in accordance with trademark legislation and with knowledge of the registration, offers, distributes or sell retail, or provide services or carry out activities that incorporate a distinctive sign that is identical or can be confused with that, in the case of the same or similar products, services or activities for which the industrial property right is registered.

The same penalty will be imposed on whoever reproduces or imitates a distinctive sign identical or confusing with that one for its use for the commission of the conducts sanctioned in this article.

3. The street or occasional sale of the products referred to in the preceding paragraphs will be punished with imprisonment from six months to two years.

However, given the characteristics of the culprit and the small amount of economic benefit obtained or that could have been obtained, provided that none of the circumstances of the article 276, the Judge may impose the penalty of a fine from one to six months or work for the benefit of the community from thirty-one to sixty days.

4. Anyone who, for agricultural or commercial purposes, without the consent of the holder of a plant breeder title and with knowledge of its registration, produces or reproduces, conditions with a view to the production, will be punished with one to three years in prison. or reproduction, offers for sale, sells or trades in another way, exports or imports, or possesses for any of the aforementioned purposes, plant material for the reproduction or multiplication of a protected plant variety in accordance with national or European Union legislation on protection of plant varieties.

Whoever performs any of the acts described in the previous paragraph using, under the name of a protected plant variety, reproductive or multiplication plant material that does not belong to such variety, will be punished with the same penalty.

art 274 cp