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(b) In
the absence of a request under subdivision (a), order the seizing
law enforcement agency to destroy the item as contraband or order an
alternative disposition or use with the consent of the owner of the
identifying mark.
(7) As used in this section and section 264:
(a) "Aggregate value of the violation" means the total
value of all items of property or services bearing or identified by
a counterfeit mark and involved in the violation, determined using
the defendant's regular or intended selling price for each item or
service or, if an item of property is intended as a component of a
finished product, the defendant's regular or intended selling price
of the finished product in which the component would be used.
(b) "Counterfeit mark" means either of the following:
(i) A copy or imitation of an identifying mark without authorization
by the identifying mark's owner.
(ii) An identifying mark affixed to an item of property or
identifying services without authorization by the identifying mark's
owner.
(c) "Deliver" means to actually or constructively transfer
or attempt to transfer an item of property from 1 person to another,
regardless of whether there is an agency relationship.
(d) "Identifying mark" means a trademark, service mark,
trade name, name, label, device, design, symbol, or word, in any
combination, lawfully adopted or used by a person to identify items
of property manufactured, sold, or licensed by the person or
services performed by the person.
(e) "Person" means an individual, partnership,
corporation, limited liability company, association, union, or other
legal entity. For purposes of ownership of an identifying mark,
person includes a governmental entity.
Sec. 264. A person who possesses a counterfeit mark with intent to
use or deliver it, who possesses a die, plate, engraving, template,
pattern, or material with intent to create a counterfeit mark, or
who possesses an identifying mark without authorization of the
identifying mark+s owner and with intent to create a counterfeit
mark is guilty of a misdemeanor punishable by imprisonment for not
more than 1 year or a fine of not more than $500.00, or both.
Enacting section 1. Section 265 of the Michigan penal code, 1931 PA
328, MCL 750.265, is repealed.
Enacting section 2. This amendatory act takes effect March 1, 1998.
Enacting section 3. This amendatory act does not take effect unless
House Bill No. 4729 of the 89th Legislature is enacted into law.
Note: H.B.
4729 was enacted thus this act took effect March 1, 1998.
(See Act 328 of 1931
MCL 750.263)
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