ELEMENTELE CONSTITUTIVE SUBIECTIVE ALE INFRACŢIUNILOR ÎN DOMENIUL PROPRIETĂŢII INDUSTRIALE

Alexandru PĂDURARU Catedra Drept Penal şi Criminologie

Rezumat

In this article, it is shown that it’s inappropriate that the provision stipulated at par.(1), (3) art.1852 PC RM to be filled with the mention regarding the special purpose of obtaining a profit. Similarly, it is established that if the action of disclosure of data and information from the patent application has been made of fault by the one familiar with by the nature of his duties, we are under the offense of misconduct at work place, provided by art.249 of the Penal Code of Romania from 1968. It is argued that AGEPI can’t be considered as subject to the offense charged at par.(1) art.1852 PC RM. It is shown that it is possible the act of coauthors on the offense of misappropriation of the quality of inventor, provided by art.43 of Law No.129 of Romania from 29.12.1992 on the protection of industrial designs and models. It is indicated that the liability under art.27 and par.(3) art.1852 PC RM will be applied in case where the offender believes mistakenly that products which represent inventions or utility models or include the protected object of invention or utility model, are illegally carried on trade or are unlawfully stored in these goals. Or the procedures, which are inventions or utility models or include the protected object of invention or utility model, are used illegally, although in reality the committed are within the law. It is also argued that the legislature does not require a special quality to the subject of the offense under art.1852 PC RM. Therefore, of course, the subject may be not only a representative of the AGEPI. Subject may be a person who, at the expense of the victim, assumes the right belonging to regarding the objects of intellectual property, intentionally giving false statements, operating with false documents entries related to the protection of intellectual property, falsifying documents necessary for issuing the title of protection, producing forged documents or presenting documents containing data that undermine the authority of the protection applicant of the object of intellectual property.