Whereas, the manufacture and sale of counterfeit consumer products present a clear and present health risk to the citizens of this State; and

Whereas, current law allows a manufacturer or retailer of counterfeit consumer products to retain those products following a conviction; and

Whereas, current law provides a maximum penalty of no more than 6 months imprisonment and a fine of no more than $1,000 for a person and $10,000 for an organization; and

Whereas, these penalties do not effectively deter the manufacture and sale of counterfeit goods; and

Whereas, the summer tourist season coincides with a large increase of counterfeit consumer products within this State; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 17-A MRSA §705, as amended by PL 1979, c. 129, is further amended by inserting at the end a new paragraph to read:

If a person may be prosecuted under both this section and section 705-A, the person must be prosecuted under section 705-A.

Sec. 2. 17-A MRSA §705-A is enacted to read:

§705-A.__Trademark counterfeiting

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Counterfeit mark" means:

(1)__Any unauthorized reproduction or copy of intellectual property; or

(2)__Intellectual property affixed to any item