1. Anyone who, for industrial or commercial purposes, without the consent of the holder of an industrial property right registered in accordance with trademark legislation and with knowledge of the registration,
a) manufactures, produces or imports products that incorporate a distinctive sign identical or confusingly similar to that one, or
b) offers, distributes or wholesales products that incorporate a distinctive sign identical or confusingly similar to that one, or stores them for that purpose, when they are the same or similar products, services or activities for which the industrial property right is registered, shall be punished with imprisonment for one to four years and a fine of twelve to twenty-four months.
2. Anyone who, for industrial or commercial purposes, without the consent of the holder of a registered industrial property right under trademark law and with knowledge of the registration, offers, distributes, or sells at retail, or provides services or carries out activities that incorporate a distinctive sign identical or confusingly similar to that right, when it involves the same or similar products, services, or activities for which the industrial property right is registered, shall be punished with imprisonment for a term of six months to three years.
The same penalty shall be imposed on anyone who reproduces or imitates a distinctive sign identical or confusingly similar to that right for use in committing the acts sanctioned in this article.
3. The street vending or occasional sale of the products referred to in the preceding paragraphs shall be punished with imprisonment for a term of six months to two years.
However, taking into account the characteristics of the offender and the small amount of the economic benefit obtained or that could have been obtained, provided that none of the circumstances of Article 276 apply, the Judge may impose a fine of one to six months or community service of thirty-one to sixty days.
4. Anyone who, for agricultural or commercial purposes, without the consent of the holder of a plant variety right and with knowledge of its registration, produces or reproduces, conditions for the purpose of production or reproduction, offers for sale, sells or otherwise markets, exports or imports, or possesses for any of the aforementioned purposes, plant material for reproduction or multiplication of a plant variety protected under national or European Union legislation on the protection of plant varieties, shall be punished with imprisonment for one to three years.
Anyone who carries out any of the acts described in the preceding paragraph using, under the name of a protected plant variety, plant material for reproduction or multiplication that does not belong to such variety shall be punished with the same penalty.