PARRIS N. GLENDENING, Governor                             Ch. 582

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
July 1, 1996.

Approved May 23, 1996.

CHAPTER 582
(Senate Bill 410)

AN ACT concerning

Trademark Counterfeiting

FOR the purpose of creating the criminal offense of trademark counterfeiting;
establishing that certain registration of certain intellectual property is prima facie
evidence of a trademark or trade name; making certain items subject to seizure by
a law enforcement officer for a certain purpose providing for the seizure and transfer
of certain items to the owner of intellectual property under certain circumstances;
establishing a certain statute of limitations for certain actions or prosecutions;
establishing that certain registration of certain intellectual property is prima facie
evidence of a trademark or trade name; making certain items subject to seizure by a law
enforcement officer for a certain purpose, establishing certain penalties; defining
certain terms; and generally relating to the criminal offense of trademark
counterfeiting.

BY adding to

Article 27 - Crimes and Punishments

Section 48A

Annotated Code of Maryland

(1992 Replacement Volume and 1995 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 27 - Crimes and Punishments

48A.

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2) "COUNTERFEIT MARK" MEANS:

(I)      AN UNAUTHORIZED REPRODUCTION OR COPY OF
INTELLECTUAL PROPERTY; OR

(II)    INTELLECTUAL PROPERTY AFFIXED TO ITEMS KNOWINGLY
SOLD, OFFERED FOR SALE, MANUFACTURED, OR DISTRIBUTED, OR IDENTIFYING
SERVICES OFFERED OR RENDERED, WITHOUT THE AUTHORITY OF THE OWNER OF
THE INTELLECTUAL PROPERTY.

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