SECTIONS 17800-17802 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 17800-17802

17800. (a) If there is a conviction for a violation of Section 653w
or paragraph (2) of subdivision (a) of Section 350 of the Penal Code
by any person, then a nonresidential building or place used by that
person for the purpose of willfully manufacturing, intentionally
selling, or knowingly possessing for sale any counterfeit goods shall
be deemed a nuisance which may be enjoined, abated, and prevented,
and for which damages may be recovered, whether it is a public or
private nuisance. The remedies and procedures provided in Article 2
(commencing with Section 11225) of Chapter 3 of Title 1 of Part 4 of
the Penal Code may be applied by the court. For purposes of this
section, an abatement under Section 11230 of the Penal Code is
discretionary rather than mandatory and may be for a period up to one
year.
(b) An owner shall be provided with 30 days' notice prior to the
filing of an action to abate a nuisance under the provisions of this
section.
(c) As used in this chapter, "counterfeit goods" means (1) any
counterfeit of a mark registered with the Secretary of State or
registered on the Principal Register of the United States Patent and
Trademark Office or (2) any recording or audiovisual work, the cover,
box, jacket, or label of which does not disclose the information as
specified in subdivision (a) of Section 653w of the Penal Code.

17801. A district attorney, county counsel, city attorney, or city
prosecutor that maintains an action or actions to enjoin, abate, or
prevent a nuisance pursuant to the provisions of this chapter shall
report to the Senate and Assembly Committees on Judiciary, by October
1, 2013, on their use of the provisions of this chapter and their
effectiveness. The report shall include, but not be limited to, all
of the following:
(a) The frequency of use of the nuisance abatement provisions as
well as statistics on whether the use of the abatement provisions
correlates with a decrease in the use of criminal penalties.
(b) Any statistics or information concerning the impact of the use
of these provisions on counterfeiting overall, both in the relevant
county or city and overall.

17802. This chapter shall remain in effect only until January 1,
2015, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2015, deletes or extends
that date.