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Brief
description of the notified legal text
- Article 61.3:
Infringement of a trademark right: amendment to the penalty if the offender
acts for commercial gain (in the case of a custodial sentence, no monetary
penalty applies).
(Article 61.3, third sentence
repealed: "In the case of a custodial sentence, a monetary penalty is
also applied"; sentence repealed by provision I 6 of the Federal Law of
17 December 2021 on the harmonization of sentencing policy, with effect from 1
July 2023 (RO 2023 259; FF 2018 2889)).
- Article 62.2:
Fraudulent use of trademarks: amendment to the penalty if the offender acts
for commercial gain (in the case of a custodial sentence, no monetary penalty
applies).
(Article 62.2, third sentence
repealed: "In the case of a custodial sentence, a monetary penalty is
also applied"; sentence repealed by provision I 6 of the Federal Law of
17 December 2021 on the harmonization of sentencing policy, with effect from
1 July 2023 (RO 2023 259; FF 2018 2889)).
- Article 63.4: Use of
a guarantee or collective mark contrary to the regulations: amendment to the
penalty if the offender acts for commercial gain (in the case of a custodial
sentence, no monetary penalty applies).
(Article
63.4, third sentence repealed: "In the case of a custodial sentence, a
monetary penalty is also applied"; sentence repealed by provision I 6 of
the Federal Law of 17 December 2021 on the harmonization of sentencing policy,
with effect from 1 July 2023 (RO 2023 259; FF 2018 2889)).
- Article 64.2: Use of
incorrect indications of source: amendment to the penalty if the offender
acts for commercial gain (in the case of a custodial sentence, no monetary
penalty applies).
(Article 64.2,
second sentence repealed: "In the case of a custodial sentence, a monetary
penalty is also applied"; sentence repealed by provision I 6 of the
Federal Law of 17 December 2021 on the harmonization of sentencing
policy, with effect from 1 July 2023 (RO 2023 259; FF 2018 2889)).
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