2024 Iowa Code
Title XVI - CRIMINAL LAW AND PROCEDURE
Chapter 714 - THEFT, FRAUD, AND RELATED OFFENSES
Section 714.26 - Intellectual property counterfeiting.

714.26 Intellectual property counterfeiting. 1. Definitions. As used in this section unless the context otherwise requires:a. “Counterfeit mark” means any unauthorized reproduction or copy of intellectual property, or intellectual property affixed to any item knowingly sold, offered for sale,manufactured, or distributed, or identifying services offered or rendered, without authorityof the owner of the intellectual property. b. “Intellectual property” means any trademark, service mark, trade name, label, term, device, design, or word adopted or used by a person to identify the items or services of theperson. c. “Retail value” means the highest value of an item determined by any reasonable standard at the time the item bearing or identified by a counterfeit mark is seized. If aseized item bearing or identified by a counterfeit mark is a component of a finished product,“retail value” also means the highest value, determined by any reasonable standard, of thefinished product on which the component would have been utilized. The retail value shallbe the retail value of the aggregate quantity of all items seized which bear or are identifiedby a counterfeit mark. For purposes of this paragraph, “reasonable standard” includes butis not limited to the market value within the community, actual value, replacement value,or the counterfeiter’s regular selling price for the item bearing or identified by a counterfeitmark, or the intellectual property owner’s regular selling price for an item similar to theitem bearing or identified by a counterfeit mark. 2. Criminal offense. A person who knowingly manufactures, produces, displays, advertises, distributes, offers for sale, sells, possesses with intent to sell or distributes anyitem or knowingly provides service bearing or identified by a counterfeit mark commitsintellectual property counterfeiting. a. (1) A person commits intellectual property counterfeiting in the first degree if any of the following apply: (a) The person is manufacturing or producing an item bearing or identified by a counterfeit mark. (b) The offense involves more than one thousand items bearing or identified by a counterfeit mark or the total retail value of such items is equal to or greater than tenthousand dollars. (c) The offense is a third or subsequent violation of this section.(2) Intellectual property counterfeiting in the first degree is a class “C” felony.b. (1) A person commits intellectual property counterfeiting in the second degree if any of the following apply: (a) The offense involves more than one hundred items but does not involve more than one thousand items bearing or identified by a counterfeit mark or the total retail value of suchitems is equal to or greater than one thousand dollars but less than ten thousand dollars. (b) The offense is a second violation of this section.(2) Intellectual property counterfeiting in the second degree is a class “D” felony.c. All intellectual property counterfeiting which is not intellectual property counterfeiting in the first degree or second degree is intellectual property counterfeiting in the third degree.Intellectual property counterfeiting in the third degree is an aggravated misdemeanor. 3. Evidence. Any state or federal certificate of registration of any intellectual property shall be prima facie evidence of ownership of the intellectual property in dispute. 4. Seizure and disposition. Any items bearing or identified by a counterfeit mark, and all personal property, including but not limited to any items, objects, tools, machines, equipment,instrumentalities, or vehicles used in connection with a violation of this section, shall beseized by any law enforcement agency. a. All seized personal property shall be disposed of in accordance with section 809.5 or as provided in paragraph “b”. b. Upon request of the intellectual property owner, all seized items bearing or identified by a counterfeit mark shall be released by the seizing agency to the intellectual property ownerfor destruction or disposition. If the intellectual property owner does not request release of Sat Dec 23 12:29:33 2023 Iowa Code 2024, Section 714.26 (19, 0)

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§714.26, THEFT, FRAUD, AND RELATED OFFENSES 2 the seized items, the items shall be destroyed unless the intellectual property owner consentsto another disposition. 2004 Acts, ch 1112, §1; 2004 Acts, ch 1175, §390; 2013 Acts, ch 30, §210 Sat Dec 23 12:29:33 2023 Iowa Code 2024, Section 714.26 (19, 0)

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