ANALYSIS OF THE CRIME STIPULATED IN ART. 50 OF LAW Nb. 129/1992 PROTECTING DRAWINGS AND MODELS, AS AMENDED BY LAW Nb. 187/2012 ENFORCING LAW Nb. 286/2009 ON THE CRIMINAL CODE

Bujorel Florea

FIAT IUSTITIA, 2015, vol. 9, issue 1, 48-56

Abstract: The study analyzes the changes made by Law no. 187/2012 enforcing Law no. 286/2009 on the Criminal Code for the crime concerning the unlawful acquirement of the authorship of the design or model, a crime stipulated in art. 50 of Law no. 129/1992 on the protection of designs and models. The changes made to the investigated crime are analyzed in terms of the grounds establishing them, as well in terms of the incidence of the legal norms of the current Criminal Code over them. The characteristic elements, i.e. the particularities of the crime, such as those listed below, are approached in a similar way: social relations protected by crime, the material subject matter and the subjects of the crime, the constituent contents thereof. The doctrinarian ideas on the matter are emphasized and re-assessed, and, as appropriate, the author’s personal opinions are stated. The study is directed simultaneously towards theoreticians, practitioners, and law school students, based on the assumption that adequate knowledge of the legal provisions ensures the accurate enforcement thereof and, therefore, the fulfillment of the scope for which they were adopted.

Keywords: design and model; authorship; the day-fine system; reconciliation – a cause removing criminal liability (search for similar items in EconPapers)
Date: 2015
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