H-3946.1  _______________________________________________

                          HOUSE BILL 2690

          _______________________________________________

State of Washington      56th Legislature     2000 Regular Session

By Representatives Ballasiotes and O'Brien

Read first time 01/18/2000.  Referred to Committee on Criminal Justice & Corrections.

Revising the definition of intellectual property.

    AN ACT Relating to the definition of intellectual property; and amending RCW 9.16.005.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 9.16.005 and 1999 c 322 s 1 are each amended to read as follows:

    The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

    (1) "Counterfeit mark" means:

    (a) Any unauthorized reproduction or copy of intellectual property; or

    (b) Intellectual property affixed to any item knowingly sold, offered for sale, manufactured, or distributed, or identifying services offered or rendered, without the authority of the owner of the intellectual property.

    (2) "Intellectual property" means any trademark, service mark, trade name, label including universal product code labels, sales receipt, term, device, design, or work adopted or used by a person to identify such person's goods or services.  Intellectual property does not have exclusive use rights to trade names registered under chapter 19.80 RCW.

    (3) "Retail value" means the counterfeiter's regular selling price for the item or service bearing or identified by the counterfeit mark.  In the case of items bearing a counterfeit mark which are components of a finished product, the retail value shall be the counterfeiter's regular selling price of the finished product on or in which the component would be utilized.

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