Title: | Article 175 of the Industrial Property Code, approved by Decree No. 04/2006 of 12/04/2006 |
Field of IP: | Patents |
Type of flexibility: | Criminal sanctions for patent infringement |
Summary table: |
Article 175 Infringement of exclusive rights in a patent
1. A person who does any of the following commits the offence of infringement of the exclusive rights conferred by a patent:
a) Produces goods that are the subject of a patent for invention or utility model without authorisation from the proprietor thereof;
b) Uses the product or process that is the subject of a patent without permission from the lawful proprietor;
c) Exports or imports, puts on sale or into circulation or conceals in bad faith products obtained in any of the ways referred to in the preceding subparagraphs;
d) Discloses a patent for invention without permission from the lawful proprietor.
2. The offence in the preceding paragraph is punishable by a fine of eighty nine times the minimum wage, if the offender is an individual, and two hundred times the minimum wage, if the offender is a corporate entity.