§18.16. Appeals An aggrieved party may lodge an appeal against any decision taken by the Director General on or in connection with the suspension or release into free circulation of counterfeit goods. The appeal may be filed within two months from the notification of the decision. Section 19 Criminal Sanction a) Any infringement of intellectual property rights under this Act, if committed willfully and knowingly on a commercial scale including copyright/related rights, shall be punishable by imprisonment for a period of not less than one (1) year and not more than two (2) years, or by a fine of not less than United States One Thousand and Five Hundred Dollars (US$1,500.00) and not more than United States Two Thousand-Five Hundred Dollars (US$2,500.00) or both. This reduces the judge‟s discretion to levy a far lesser penalty/inadequate penalty. b) The court shall take into particular account the defendant‟s profits attributable to the infringement when fixing the amount of the fine and may increase up to double the upper limit of the penalties specified in subsection (a), where the defendant has been convicted for a new act of infringement committed within five (5) years of a previous conviction for an infringement. c) The court may apply the measures and remedies referred to under Part VIIof this Act. d) The court may also order the forfeiture of property used to facilitate the offense, including but not limited to: i. real property where the infringing activity took place, ii. vehicles used to transport infringing goods, iii. intangible such as licenses, and iv. equipment and devices used to execute the infringement. e) Any person who knowingly makes a false representation of a material fact in the application for intellectual property rights registration or in any written statement filed in connection with the application shall be guilty of an offence and liable to a fine not less than United States Five Hundred Dollars (US$500.00) and any person who knowingly makes such a false representation on more than one occasion shall be punishable by a fine of not less than United States One Thousand Dollars (USD$1000) or imprisonment for a period of not more than one (1) year or to both, for each occurrence of the false representation. 96