WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO 
IP/N/1/FIN/E/1 
16 February 2012 
 (12-0885) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
  
MAIN DEDICATED INTELLECTUAL PROPERTY 
LAWS AND REGULATIONS NOTIFIED UNDER 
ARTICLE 63.2 OF THE AGREEMENT 
 
FINLAND 
  The present document reproduces the text
1 of Chapter 30 of the Penal Code, as notified by 
Finland on 10 February 2011 under Article 63.2 of the Agreement (see document IP/N/1/FIN/3). 
 
 Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce  
  
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À LA 
PROPRIÉTÉ INTELLECTUELLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
 
FINLANDE 
  Le présent document contient le texte
1 du chapitre 30 du Code pénal, notifié par la Finlande le 
10 février 2011 au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/FIN/3). 
 
 
Consejo de los Aspectos de los Derechos de Propiedad Intelectual relacionados con el Comercio  
 
 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA PROPIEDAD 
INTELECTUAL NOTIFICADOS EN VIRTUD DEL PÁRRAFO 2 
DEL ARTÍCULO 63 DEL ACUERDO 
 
FINLANDIA 
  En el presente documento se reproduce el texto
1 del capítulo 30 del Código Penal, notificado 
por Finlandia el 10 de febrero de 2011 en virtud de l párrafo 2 del artículo 63 del Acuerdo (véase el 
documento IP/N/1/FIN/3). 
                                                      
1 In English only./En anglais seulement./En inglés solamente.   
   IP/N/1/FIN/E/1 
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MAIN DEDICATED INTELLECTUAL PROPERTY LAWS 
AND REGULATIONS 
(in English) 
  
Unofficial translations 
  
 
 
PROTECTION OF UNDISCLOSED INFORMATION 
 
 
Related legal instruments 
 
   
   IP/N/1/FIN/E/1 
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  PENAL CODE  
 (Unofficial translation)  19.12.1889/39; Chapter 30 (24.8.1990/769) 
 
Chapter 30 - Business offences  
Section 1 - Marketing offence  (475/1999)  
 
A person who in the professional marketing of goods, services, real estate, the bonds and securities of 
a private limited-liability company or other commoditi es gives false or misleading information that is 
significant from the point of view of the group at wh ich the marketing is directed, shall be sentenced 
for a marketing offence  to a fine or to imprisonment for at most one year. 
 
Section 2 - Unfair competition offence  (769/1990) 
 A person who in business uses a false or misleading expression concerning his or her own business or the business of another and in this way causes loss to  the business of another shall be sentenced for an 
unfair competition offence  to a fine or to imprisonment for at most one year. 
 
Section 3 - Consumer credit offence  (515/1999)  
 A person who in business, for receivables based on c onsumer credit, takes an obligation based on a 
bill of exchange or other security prohibited by chapter 7, section 14 of the Consumer Protection Act 
or uses a draft ('tratta') in the collection of consum er debt from a consumer or a person living with the 
consumer in the same household, shall be sentenced for a consumer credit offence  to a fine or to 
imprisonment for at most one year.  Section 3 a – Charter trip company violation an d charter trip company offence  (940/2008) 
 (1) A person who intentionally or through gross negligence 
 
(1) without having registered as a charter tr ip company entrepreneur  in accordance with 
section 6 of the Charter Trip Company Act (939/2008) operates a charter trip business that does not call for security or uses the term "tra vel agency" or "charter trip company", or 
 
(2) without lodging security engages in charte r trip business which according to section 9 of 
the Charter Trip Company Act requires security, or provides the Consumer Affairs Office with false information regarding the need for secu rity or a factor affecting its sufficiency or 
neglects to report such a factor and in this wa y weakens the financial security of a traveller, 
 shall be sentenced, unless a more severe penalty is provided elsewhere in the law, for a charter trip 
violation  to a fine. 
 (2) If the action referred to in subsection 1, paragr aph (2), with due consid eration to the financial 
benefit sought and the other circumstances, is aggravated also when assessed as a whole, the 
perpetrator shall be sentenced, unless a more severe penalty is provided elsewhere in the law, for 
charter trip company offence  to a fine or to imprisonment for at most one year. 
[section 3 a enters into force on 1 July 2009] 
 IP/N/1/FIN/E/1 
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  Section 4 - Business espionage  (769/1990) 
 (1) A person who unlawfully obtains informati on regarding the business secret of another  
 
(1) by entering an area closed to unauthorised  persons or accessing an information system 
protected against unauthorised persons, 
 (2) by gaining possession of or copying a document or other record, or in another comparable 
manner, or  
(3) by using a special technical device,  
 
with the intention of unlawfully revealing this secret or unjustifiably utilising it shall be sentenced, 
unless a more severe penalty for the act is provided elsewhere in the law, for business espionage  to a 
fine or to imprisonment for at most two years. 
 
(2) An attempt is punishable.  
Section 5 - Violation of a business secret  (769/1990) 
 
(1) A person who, in order to obtai n financial benefit for himself or he rself or another, or to injure 
another, unlawfully discloses the business secret of another or unlawfully utilises such a business 
secret, having gained knowledge of the secret  
(1) while in the service of another,  
(2) while acting as a member of the administra tive board or the board of directors, the 
managing director, auditor or receiver of a co rporation or a foundati on or in comparable 
duties,  (3) while performing a duty on behalf of a nother or otherwise in a fiduciary business 
relationship, or 
 
(4) in connection with company restructuring proceedings, 
 shall be sentenced, unless a more severe penalty fo r the act is provided elsewhere in the law, for 
violation of a business secret  to a fine or to imprisonment for at most two years. (54/1993) 
 
(2) This section does not apply to an act that a pe rson referred to in subsection 1(1) has undertaken 
after two years has passed since his or her period of service has ended. (61/2003)  (3) An attempt is punishable. (61/2003)  
Section 6 - Misuse of a business secret  (769/1990) 
 A person who unlawfully  
(1) uses in business a business se cret that has been obtained or revealed through an act 
punishable under this Code or 
 (2) in order to obtain financial benefit for himself or herself or another reveals such a secret 
 shall be sentenced for misuse of a business secret  to a fine or to imprisonment for at most two years.  IP/N/1/FIN/E/1 
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Section 7 - Bribery in business  (769/1990)  
 A person who promises, offers or gives an unlawful benefit ( bribe ) to  
 
(1) a person in the service of a business, 
 (2) a member of the administrative board or board  of directors, the managing director, auditor 
or receiver of a corporation or of a foundation engaged in business, or  
(3) a person carrying out a duty on behalf of a business, intended for the recipient or another, 
in order to have the bribed person, in his or he r function or duties, favour the briber or another 
person, or to reward the bribed person for such favouring,  
 shall be sentenced for bribery in business  to a fine or to imprisonment for at most two years. 
 
Section 8 - Acceptance of a bribe in business  (604/2002)  
 (1) A person who  
(1) in the service of a business, 
 
(2) as a member of the administrative board or board of directors, the managing director, auditor or receiver of a corporation or  of a foundation engaged in business or 
 (3) in carrying out a duty on behalf of a business demands, accepts or receives a bribe for 
himself or herself or another or otherwise ta kes an initiative towards receiving such a bribe, 
for favouring or as a reward for such favouring, in his or her function or duties, the briber or another,  
 shall be sentenced for acceptance of a bribe in business  to a fine or to imprisonment for at most two 
years. 
 
Section 9 - Accounting offence  (61/2003) 
 If a person with a legal duty to keep accounts, his or her representative, a person exercising actual 
decision-making authority in a corporation with a legal duty to keep books, or the person entrusted 
with the keeping of accounts, 
 
(1) in violation of statutory accounting requirements neglects the recording of business transactions or the balancing of the accounts,  (2) enters false or misleading data into the accounts, or 
 
(3) destroys, conceals or damages account documentation and in this way impedes the 
obtaining of a true and sufficient picture of the financial result of the business of the said person or of his or her financial standing, he or she  
 
shall be sentenced for an accounting offence  to a fine or to imprisonment for at most two years. 
 IP/N/1/FIN/E/1 
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  Section 9 a - Aggravated accounting offence  (61/2003)  
 If in the accounting offence  
(1) the recording of business transactions or the cl osing of the books is ne glected in full or to 
an essential degree, 
 (2) there is a considerable amount of false or  misleading information, these pertain to large 
amounts or they are based on falsified certificates, or  
(3) the accounts are destroyed or hidden in full or to an essential degree or they are damaged 
to an essential degree and the accounting offen ce is aggravated also when assessed as a 
whole, the offender  
 shall be sentenced for an aggravated accounting offence  to imprisonment for at least four months and 
at most four years. 
 Section 10 – Negligent accounting offence  (61/2003) 
 If a person with a legal duty to keep accounts, the representative of such a person, a person exercising 
actual decision-making authority in a corporation with a legal duty to keep books, or a person 
commissioned to keep the account s, through gross negligence 
 
(1) neglects in full or in part the recording of business transactions or the closing of the books, 
or  
(2) destroys, misplaces or damages account docum ents and in this manner essentially impedes 
the obtaining of a true and sufficient picture of the financial result or financial position of the 
activity of the person with a legal duty to keep books, he or she  
 shall be sentenced for a negligent accounting offence  to a fine or to imprisonment for at most two 
years. 
 
Section 10a – Auditing offence  (474/2007) 
 A person who violates the provision in section 15 of the Accounting Act (459/2007) on the preparation of an auditor's report, shall be sente nced, unless the act is petty or if no more severe 
punishment is provided elsewhere in the law, for an auditing offence  to a fine or to imprisonment for 
at most two years.  Section 11 - Definition  (769/1990)  
 For the purposes of this chapter, a business secret  refers to a business or professional secret and to 
other corresponding business information that an entrepreneur keeps secret and the revelation of 
which would be conductive to causing financial loss to him or her or to another entrepreneur who has 
entrusted him or her with the information.  Section 12 - Right to bring charges  (769/1990)  
 
(1) Before bringing charges for a marketing offen ce the public prosecutor shall reserve the consumer 
ombudsman an opportunity to give a statement in the case.  When hearing a case dealing with a 
marketing offence and an unfair competition offen ce the court shall reserve the consumer ombudsman 
an opportunity to be heard.  IP/N/1/FIN/E/1 
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(2) The public prosecutor may not bring charges fo r an offence referred to in section 2 or in 
sections 4-6 unless the injured party reports the offe nce for the bringing of charges or unless a very 
important public interest requires that charges be brought. (476/2006)  
Section 13 - Corporate criminal liability  (465/2005) 
 The provisions on corporate criminal liability ap ply to marketing offences, unfair competition 
offences, business espionage, misuse of a business secret, bribery in business and acceptance of a 
bribe in business. 
 
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