Analiza modificărilor aduse infracțiunii prevăzute în art. 59 din Legea nr. 64/1991 privind brevetele de invenție prin Legea nr. 187/2012 pentru punerea în aplicare a Legii nr. 286/2009 privind Codul penal
Analysis of the amendments to the offense under Article 59 of Patent Law No. 64/1991 by Law No. 187/2012 implementing Law No. 286/2009 regarding the Criminal Code

Summary/Abstract: The author considers the amendments to the offence under Article 59 of the Patent Law No. 64/1991 introduced by the Law implementing the Criminal Code. The changes incurred by the incriminating text are examined from the perspective of the legal institutions involved referred to in the current Criminal Code and Criminal Procedure Code.Special focus is put on the cause removing the criminal liability of reconciliation and on its effects in the case of the investigated offense. The author undertakes a critical, yet constructive review of the specific elements of the constitutive content of the offense of counterfeiting product and process trademarks, as well as utility models. The scientific approach is also aimed at the specific procedural issues implied by the new amendments to the offense and the regulations of the criminal procedure law. The study addresses legal theoreticians and practitioners alike, providing them systematically with the doctrinal and jurisprudential controversies and with the views of the author with regard to the new Codes in force.

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