WORLD TRADE ORGANIZATION  
ORGANISATION MONDIALE DU COMMERCE  
ORGANIZACIÓN MUNDIAL DEL COMERCIO  IP/N/1/FIN/O/2 
9 February 2007 
 (07-0557) 
Council for Trade-Related Aspects 
of Intellectual Property Rights Original:   English/ 
 anglais/  inglés 
 
 
MAIN DEDICATED INTELLECTUAL PR OPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
 
FINLAND
 
  The   present   document   reproduces    the   consolidated   text
1  of  the  Penal Code 
19.12.1889/39; Chapter 30 (24.8.1990/769) – Busi ness Offences as amended up to 2003/61 incl., 
notified by Finland under Ar ticle 63.2 of the Agreement (see document IP/N/1/FIN/2). 
 
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 actualisé
1 du Code pénal 19.12.1889/39;  Chapitre 30 
(24.8.1990/769) – Délits co mmerciaux, modifié jusqu'en 2003 (2003/ 61) inclusivement, notifié par la 
Finlande au titre de l'article 63:2 de l' Accord (voir le document IP/N/1/FIN/2). 
 
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 texto1 del Código Penal 19.12.1889/39; Capítulo 30 
(24.8.1990/769) - Delitos comerciales y sus modifi caciones hasta 2003 (2003/61) inclusive, notificado 
por Finlandia en virtud de lo dispuesto en el  párrafo 2 del artículo 63 del Acuerdo (véase el 
documento IP/N/1/FIN/2). 
                                                      
1 In English only. The text is available for co nsultation by interested Delegations at the WTO 
Secretariat in Finnish and Swedish./En anglais seulement.  Les délégations intéressées peuvent consulter le texte 
en finnois et suédois au Secrétariat de l'OMC./En inglés solamente.  Las delegaciones interesadas podrán 
consultar en la Secretaría de la OMC el texto en finlandés y sueco. IP/N/1/FIN/O/2 
Page 2  
 
  Penal Code 19.12.1889/39; Ch apter 30 (24.8.1990/769) 
 
Business offences 
 
(Amendments up to 2003/61 included; amendment 2005/465 not included) 
 
 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 co mpany or other commodities gives false or 
misleading information that is significant from the point of view of the group at which the 
marketing is directed, shall be sentenced for a ma rketing 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/her own 
business or the business of another and in this way causes loss to the bu siness 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 consumer credit, takes an obligation based on a bill of exchange or other security prohibited by chapter 7, section 14 of the Consumer Protection Act of uses a draft (‘tratta’) in the collec tion of consumer 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 4  - Business espionage (769/1990) 
 A person who unjustifiably obtains information regarding the business secret of another  
 (1) by entering an area closed to unauthorised  persons or accessing an information system 
protected against unau thorised persons, 
 (2) by gaining possession of or copying a documen t or other record, or in another comparable 
manner, or  (3) by using a special technical device,   with the intention of unjustifiably revealing this  secret or unjustifiably utilizing 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 im prisonment for at most two years.  
 An attempt is punishable.   IP/N/1/FIN/O/2 
 Page 3 
 
 
  Section 5  - Violation of a busin ess secret (769/1990) 
 A person who, in order to gain financial benefit for himself/herself or a nother, 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 of directors,  the managing director, 
auditor or receiver of a corporation or  a foundation or in comparable duties; 
 (3) while performing a duty on behalf of anot her or otherwise in a fiduciary business 
relationship; or  (4) in connection with company restructuring proceedings,   shall be sentenced, unless a more severe penalty for 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) 
 This section does not apply to  an act that a person referre d to in subsection 1(1) has 
undertaken after two years has passed since his/her period of service has ended. (61/2003) 
 An attempt is punishable. (61/2003)  Section 6  - Misuse of a busine ss secret (769/1990) 
 A person who unjustifiably  (1) uses in business a business secret that has been obtained or revealed through an act punishable under this Code or  (2) in order to obtain financial benefit for hims elf/herself or another re veals such a secret  
 shall be sentenced for misuse of a business secret  to a fine or to imprisonment for at most two 
years.  Section 7  - Bribery in business (769/1990) 
 A person who promises, offers or gi ves an unlawful benefit (bribe) to 
 
(1) a person in the serv ice of a businessman, 
 (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,  
 IP/N/1/FIN/O/2 
Page 4  
 
  intended for the recipient or anothe r, in order to have the bribed person, in  his/her function or 
duties, favour the briber or a nother person, or to reward the br ibed person for such favouring, 
shall be sentenced for bribery in business to a fi ne or to imprisonment for at most two years. 
 Section 8  - Acceptance of a brib e in business (604/2002) 
 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 himsel f/herself or another or otherwise takes an 
initiative towards receiving such  a bribe, for favouring or as a reward for such favouring, in 
his/her function or duties, the briber or anothe r, shall be sentenced fo r acceptance of a bribe 
in business to a fine or to impr isonment for at most two years. 
 Section 9  - Accounting offence (61/2003) 
 If a person with a legal duty to keep accounts,  his/her representati ve, a person exercising 
actual decision-making authority in a corporat ion with a legal duty to keep books, or the 
person entrusted with the keeping of accounts,  (1) in violation of the requirements of legi slation on accounting neglects the recording of 
business transactions or th e 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/her fi nancial standing, he/she shall be sentenced for 
an accounting offence to a fine or to imprisonment for at most two years. 
 Section 9 a  - Aggravated accounting offence (61/2003) 
 If in the accounting offence 
 
(1) the recording of business tran sactions or the closing of the books is neglected 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   IP/N/1/FIN/O/2 
 Page 5 
 
 
  (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 offence 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-maki ng authority in a corporation w ith a legal duty to keep books, 
or a person commissioned to keep the accounts, 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 documents   and in this manner essentially impedes the obtai ning 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/she shall be sentenced for a negligent accounting 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 se cret is defined as a business or professional 
secret and to other correspondi ng business information that a businessman keeps secret and 
the revelation of which would be  conductive to causing financial lo ss to him/her or to another 
businessman who has entrusted him/her with the information.  Section 12  - Right to bring charges (769/1990) 
 Before bringing charges for a marketing offe nce the public prosecuto r 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 offence the court shall reserve the consumer ombudsman an opportunity to be heard.  The public prosecutor shall not br ing charges for an offence refe rred to in section 2 or in 
sections 4 - 8 unless the injured party reports th e offence for the bringing of charges or unless 
a very important public interest requires that charges be brought. 
 
Section 13  - Corporate criminal liability (743/1995) 
 The provisions on corporate criminal liability a pply to marketing offences, unfair competition 
offences, business espionage, misuse of a business secret and bribery in business. 
 
(Transitional provisions not included) 
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