Obiectul juridic generic şi obiectul juridic special al infracţiunilor în domeniul proprietăţii industriale
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PĂDURARU, Alexandru, BRÎNZA, Serghei. Obiectul juridic generic şi obiectul juridic special al infracţiunilor în domeniul proprietăţii industriale . In: Revista Naţională de Drept, 2012, nr. 1(136), pp. 50-58. ISSN 1811-0770.
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Revista Naţională de Drept
Numărul 1(136) / 2012 / ISSN 1811-0770 /ISSNe 2587-411X

Obiectul juridic generic şi obiectul juridic special al infracţiunilor în domeniul proprietăţii industriale

Pag. 50-58

Păduraru Alexandru, Brînza Serghei
 
Universitatea de Stat din Moldova
 
 
Disponibil în IBN: 16 decembrie 2013


Rezumat

In this article, there are presented arguments to support the thesis that the legal general object of the offenses specified in art.299 and 300 of the Romanian Penal Code from 1968, is formed by the social rela- tions on economic activities. It is also shown that the legal general object for each of the group of industrial property offences, under a law or other that regulate the above in the Romanian legislation is: the social relations on industrial property represented by inventions (in the case of offenses provided by art.58-60 Law No.64 of Romania from 11.10.1991 on patents); the social relations on industrial property represented by the industrial designs and models (in case of offences specified at art.41-43 Law No.129 of Romania from 29.12.1992 on the protection of industrial designs and models); the social relations on industrial property represented by the topographies of integrated circuits (for the offences referred at art.40 Law No.16 of Romania from 06.03.1995 on protection of integrated circuits); the social relations on industrial property represented by the trade marks and geographical indications (in the case of the offences provided by art.83 and 86 Law No.84 of Romania from 15.04.1998 on trade marks and geographical indications); the social relations on industrial property represented by the new varieties of plants (for offences under art.27 and 40 Law No.255 of Romania from 31.12.1998 on the protection of the new varieties of plants). It is showed that in the process of the analysis of the industrial property offences, the definition by norm nature of the term “industrial property” should be regarded as conceptual basis, provided by p.2 annex no.1 the Resolution of Republic of Moldova Government with regard to the intellectual property object assessment, nr.783 from 30.06.2003. According to it, to industrial property only relates the following: the inventions; the utility models; the varieties of plants; the topographies of integrated circuits; the products name of origin; the trade marks of products and service marks; the industrial designs and models. It is also argued that freedom of creation, proclaimed at art.33 the Constitution of Republic of Moldova, is the constitutional freedom of the person, affected by the perpetration of the offenses under art.1852 and 1853 PC RM. By the perpetration of the offenses under art.1852 and 1853 PC RM, the juridical special object is always represented by the social relations on the development, in accordance with art.33 of the Constitution, of the right of freedom of creation. It differs only the matters of protecting these values and social relations.