摘要:Intellectual property rights include those of copyright, industrial property, scientific discoveries, among others. In our criminal code there are rules that protect trademarks and patents (article 306) and rules that protect copyright (arts. 270 to 272). Within copyright there is a division between the copyright stricto sensu and the protection of related rights. While the material object in copyright stricto sensu is the literary, artistic or scientific work, in related rights is the interpretation or execution of those works. Our proposal is to include within the criminal definition the requirement of a profit-making conduct plus a concrete damage to a third person. This proposal will not only limit the criminal definition, but it will also reinforce the protection of the patrimonial dimension
其他摘要:Intellectual property rights include those of copyright, industrial property, scientificdiscoveries, among others. In our criminal code there are rules that protect trademarksand patents (article 306) and rules that protect copyright (arts. 270 to 272). Withincopyright there is a division between the copyright stricto sensu and the protection ofrelated rights. While the material object in copyright stricto sensu is the literary, artisticor scientific work, in related rights is the interpretation or execution of those works. Ourproposal is to include within the criminal definition the requirement of a profit-makingconduct plus a concrete damage to a third person. This proposal will not only limit thecriminal definition, but it will also reinforce the protection of the patrimonial dimension
关键词:Author’s rights, copyright, related rights, patrimonial rights, moral rights, monism, dualism, supra-individual legal interests.;Derechos de autor y derechos conexos, derechos patrimoniales, derechos morales, bienes jurídicos supraindividuales, monismo, dualismo.
其他关键词:Author’s rights; copyright; related rights; patrimonial rights; moral rights; monism; dualism; supra-individual legal interests.