CRIMES AGAINST INTELLECTUAL PROPERTY – TO HAVE OR NOT TO HAVE A SPECIAL PART

Author

Peter Petrov

Annotation

This articlerepresents a critique of the draft Special Part of the Penal Code of 2012 (SP of the PC) relating to offenses against intellectual property (IP). Along with the analysis of the draft Special Part of the Penal Code, the author makes his critical remarks relating to: place of the crimes against IP in the system of the SP of the PC; gaps in the systematization of crimes against IP, challenges of the legislative technique used in formulating the normative texts; failure to rectify problems in the criminal use of copyrighted works; composition of Art. 262 of the SP of the PC.

Derivedare the principal provisions defining crimes against intellectual property, on the basis of which the author gives his suggestions for changes in the existing corpora delicti.

Keywords

Intellectual property, Penal Code, draft Special Part of the Penal Code of 2012

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