Industrial Property Lawyers
Criminal Defense Lawyers Specializing in Industrial Property Crimes
Recent Success Cases
Industrial Property
Result: Dismissal
Court: Court of Instruction
Complainant: Private Prosecution
Accusation: Industrial Property Crime
Industrial property crimes
Lawyers industrial property crime Barcelona
Industrial property is the set of rights that a person or company has over an invention, creation, trademark or design. Thanks to these rights, the owner can prohibit its use to other people, as well as control their interests and regulate its exploitation.
In other words, being the owner of such invention or trademark, he has the right to control everything about it, including its use by other people.
The basic example of industrial property are patents, which are developed by one or several individuals, and they have the right to control its use, commercialization… being considered a crime anything that infringes these rights.
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.
Protected legal rights in the crime against industrial property
Explained by our Attorneys specialized intellectual property lawyers
As we have already mentioned, industrial property is part of the crimes against patrimony and socioeconomic order, so the protected legal property must be material or economic. Specifically, it protects the right of exclusive use or exploitation of patents or registered products.
For this crime to occur, the following requirements must exist:
That the product is legally registered.
That there is no consent from the owner.
That the active subject is aware of the registration of the product.
That the crime is carried out with a commercial or industrial purpose.
Active subject
In this crime, the role of active subject can be played by any person, even by the patent holder himself if he infringes on what he himself has registered. Any individual can illegitimately exploit a product already patented by another person.
Passive subject
The passive subject of this crime is more limited, since it can only be a person who holds a title to an exclusive right of exploitation, i.e. who has registered a trademark, patent or design, either as inventor, assignee or successor in title.
A person who has not directly registered a product, but has inherited the title, may also be considered a taxable person.
The taxpayer may also be a group of individuals.
Aggravated offense against industrial property
This crime may be aggravated when any of the following circumstances are present:
When minors under eighteen years of age are used to commit the crime.
When the economic benefit obtained, or that could have been obtained, is of special relevance.
If the person responsible for the crime belongs to an association or criminal organization destined to carry out this type of criminal acts.
When the criminal act is of special importance due to the value of the illicitly produced, marketed or distributed product. Also when the damage caused to the victim is especially relevant.
In these cases, the penalty imposed will be from two to six years of imprisonment and a fine of eighteen to thirty-six months, together with a special disqualification from the profession for a period of two to five years.
Difference between Intellectual and Industrial Property
As Intellectual Property attorneys, we have a deep knowledge of the law.
Industrial property protects creations related to industry, such as products or manufacturing processes, which must be registered or patented, through trademarks, industrial designs, utility models or patents. Without this registration there can be no industrial property crime.
Examples of industrial property titles are: domain names, appellations of origin, trade names, image rights, privacy rights, honor rights, transfer of technology.
Intellectual property protects unique creations, not mass-produced, or industrially produced, such as books, plays, music, works of art, computer programs, computer software, multimedia material, etc. In intellectual property this registration is not necessary, since it is normally given by the name of the author, which is known as the author’s rights.
Industrial property titles subject to legal protection
We are expert industrial property lawyers in Barcelona
For this crime to exist, it is necessary that there is an industrial property title, that is to say, that the victim has patented, or inherited, a product, trademark or design. Below, we show you the most frequent titles.
Patents
Patents are original inventions that have been registered and, therefore, the holder has all the rights surrounding the patent. The product is patented in order to be able to regulate its distribution, production and marketing, since otherwise anyone could copy the product and market it independently. Patent registration is done at the Spanish Patent and Trademark Office, OEPM.
Protection of utility models
Utility models are inventions made on an already patented product. That is to say, it is not a new product, but a modification or application that is given to it. In this case there is no plagiarism of the patent, since it is simply a modification.
Industrial designs
Industrial designs protect the external appearance of products to be mass-produced. Both purely ornamental and functional designs are registered, when the appearance characteristics are novel and unique.
Trademarks and trade names
Trademarks and trade names are also registered at the Spanish Patent and Trademark Office, so that the holder has full control of all its rights. Any other person using such trademarks or trade names, without the consent of the author, will be committing an industrial property crime.
Semiconductor topographies
The topography of a semiconductor refers to the different layers, structure and arrangement of the elements that make up an integrated circuit and enable its operation.
Semiconductor topographies are becoming more and more frequent due to the great technological advances of today. It is a mode of industrial protection of integrated electronic circuits, such as chips or microprocessors.
In any of these cases, industrial property is infringed since the rights imposed on a previously registered product, trademark or design are violated.
Penalties for industrial property crime
Entrust your case to an expert team of Industrial Property Lawyers.
The basic type of this crime carries a penalty of one to four years of imprisonment and a fine of twelve to twenty-four months. However, the penalties will be considerably higher in the aggravated type.
If you are involved in an industrial property crime, contact the best criminal lawyers in Barcelona. Our lawyers are experts in industrial property law. Numerous cases of success in the courts of our country endorse our trajectory. We will fight to protect the interests of our clients and their companies.