Florea Bujorel*

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.

 

* Conferențiar univ. dr. la Facultatea de Drept și Administrație Publică București din cadrul Universității „Spiru Haret”, Avocat Baroul București, E-mail: Această adresă de email este protejată contra spambots. Trebuie să activați JavaScript pentru a o vedea.

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