Practica parchetelor în domeniul drepturilor de proprietate intelectuală
Prosecution practice in intellectual property rights
Author(s): Monica PopSubject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: copyrights; related rights; passive subject of the offence; trademarks; the offence of releasing counterfeit products; counterfeit products; counterfeit car spare parts; simplified customs procedure; unit of offence; plurality of offences
Summary/Abstract: The practice of prosecutor’s offices as regards the settlement of cases having as subject matter offenses related to the legal system of intellectual property rights emphasized a real analysis of the phenomena of piracy and counterfeiting, revealing legislative inaccuracies (trademarks and car spare parts), the need to clear certain actions (the offence provided under article 140, paragraph 1, letter c of Law no. 8/1996 regarding Copyright and Related Rights), difficulties in the interpretation and application of the law (application of provisions regarding trademarks at border, plurality of offences – unit of offence), issues that, in the legal practice and the criminal doctrine, have not been clarified yet.
Journal: Revista Română de Dreptul Proprietăţii Intelectuale
- Issue Year: 2010
- Issue No: 02
- Page Range: 65 - 74
- Page Count: 10
- Language: Romanian
- Content File-PDF
