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Criminal Code of Kosovo - Legislationline

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Article 295<br />

Violating patent rights<br />

1. Whoever, in the course <strong>of</strong> engaging in an economic activity, uses without<br />

authorization, a patent registered or protected by law or a registered topography <strong>of</strong> a<br />

circuit <strong>of</strong> a semi-conductor shall be punished by a fine or by imprisonment <strong>of</strong> up to three<br />

(3) years.<br />

2. The objects provided for in paragraph 1 <strong>of</strong> this Article which were manufactured for<br />

unauthorized use shall be confiscated.<br />

Article 296<br />

Violation <strong>of</strong> copyrights<br />

1. Whoever, under his own name, or somebody else's name discloses or otherwise<br />

communicates to the public a copyrighted work or a performance <strong>of</strong> another, in whole or<br />

in part, shall be punished by a fine and imprisonment <strong>of</strong> three (3) months to up to three<br />

(3) years.<br />

2. Whoever during use <strong>of</strong> copyrighted work or a performance <strong>of</strong> another intentionally<br />

fails to state the name, pseudonym or mark <strong>of</strong> the author or performer, when this is<br />

required by law, shall be punished by fine and imprisonment for up to one (1) year.<br />

3. Whoever distorts, mutilates or otherwise harms a copyrighted work or a performance<br />

<strong>of</strong> another, and discloses it in such form or otherwise communicates it in such form to the<br />

public shall be punished for by fine or imprisonment for up to one (1) year.<br />

4. Whoever performs or otherwise communicates to the public a copyrighted work or a<br />

performance <strong>of</strong> another in an indecent manner, which is prejudicial to the honor and<br />

reputation <strong>of</strong> the author or performer, shall be punished by a fine or imprisonment for up<br />

to one (1) year.<br />

5. Whoever without authorization uses a copyrighted work or subject matter <strong>of</strong> related<br />

rights, shall be punished by imprisonment up to three (3) years.<br />

6. If, during the commission <strong>of</strong> the <strong>of</strong>fense described in paragraph 5 <strong>of</strong> this Article, the<br />

perpetrator obtained for himself or for another person at least ten thousand (10,000) EUR<br />

but less than fifty thousand (50,000) EUR, he or she shall be punished by a fine and<br />

imprisonment <strong>of</strong> not less than three (3) months to five (5) years.<br />

7. When the perpetrator <strong>of</strong> the <strong>of</strong>fense in paragraph 5 <strong>of</strong> this Article obtains for himself,<br />

herself, or for another person more than fifty thousand (50,000) EUR, he or she shall be<br />

punished by a fine and imprisonment <strong>of</strong> not less than six (6) months to eight (8) years.<br />

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