The industrial property crime is typified in articles 273 to 277 of the Penal Code, and is included within the crimes against the patrimony and the socioeconomic order.
It consists of manufacturing, importing, possessing, using or introducing in the market products protected by rights of the holder, and knowing that they have already been registered as a patent or utility model. Provided that these conducts are carried out without authorization of the holder and for commercial or industrial purposes.
Evidently, this is a fraudulent offense, since one of the requirements for the imputation of this offense is that the person responsible is aware that the product has already been registered. In spite of this, the active subject uses said product for commercial purposes, infringing the rights imposed.
It is an activity crime, so it is not necessary to cause damage to the victim. The consummation occurs at the moment in which the accused breaches the regulations of the product or patent.
Evidently, this is a fraudulent offense, since one of the requirements for the imputation of this offense is that the person responsible is aware that the product has already been registered. In spite of this, the active subject uses said product for commercial purposes, infringing the rights imposed.
It is an activity crime, so it is not necessary to cause damage to the victim. The consummation occurs at the moment in which the accused breaches the regulations of the product or patent.