CONTRIBUȚII LA ANALIZA INFRACȚIUNII DE CONTRAFACERE A DESENULUI SAU MODELULUI PREVĂZUTE ÎN ART. 52 DIN LEGEA NR. 129/1992 PRIVIND PROTECȚIA DESENELOR ŞI MODELELOR
CONTRIBUTIONS TO THE ANALYSIS OF THE CRIME OF COUNTERFEITING THE DESIGN OR MODEL PROVIDED IN ARTICLE 52 OF LAW NO. 129/1992 ON THE PROTECTION OF DESIGNS

Summary/Abstract: The current paper examines, firstly, the amendments to the offense of counterfeiting of the design or model through Law no. 187/2012 for the enforcement of Law no. 286/2009 regarding the Penal Code. The author explains the reasons for which the incriminating text has been modified and signals the correlations of the incriminating rules with other legal institutions that are contained within the Penal Code in force, such as, for example, the system of finedays or the reconciliation which is a cause that removes criminal liability applicable to the felony in discussion. Secondly, the author analyses the specific elements of the offense of counterfeiting in relation to the legal institutions covered by the current Penal Code. Thirdly, the author reviews the doctrinal opinions on the matter and proposes solutions that are likely to facilitate the correct interpretation and enforcement of the incriminating rules. Last but not least, the author addresses professionals that work within the field of Intellectual Property Law, who are interested in the defense of rights, through criminal means, of industrial creations authors and holders of certificates of registration.

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