Limits criminal penalties for violation of rights to objects of industrial property

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The obvious contradiction between legal nature of the patent rights and the criminal punishment is the subject of the article. Patent rights according to the law can be opposed and declared um ab initio (void from the start) meanwhile the criminal punishment can be imposed only under the Constitutional principle in dubio pro reus (all doubts for defendant). So the result of that contradiction is a legal possibility to sentence to the jail term for «infringement» of non-valid patent.

Criminal responsibility, counterfeit products, violation of patent law, the violation of rights to industrial property

Короткий адрес: https://sciup.org/170151961

IDR: 170151961

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