Title: | Articles 321 and 341 of the Industrial Property Code (consolidated as of 2008) |
Field of IP: | Patents |
Type of flexibility: | Criminal sanctions for patent infringement |
Summary table: |
Article 321
VIOLATION OF PATENT EXCLUSIVITY, THE UTILITY MODEL OR THE SEMICONDUCTOR TOPOGRAPHY
The following acts, carried out without the consent of the holder of the respective right, are punishable by a prison sentence of up to three years or a fine of up to three hundred and sixty days:
a) Manufacture of artefacts or products that are covered by the patent, the utility model or the semiconductor topography;
b) Use or application of means or processes that are the object of the patent, the utility model or the semiconductor topography;
c) Import or distribution of products obtained through any of the aforementioned methods.
Article 341
INTERVENING PARTIES
In addition to the persons upon which the criminal proceedings laws confer the right of joining proceedings as intervening parties, legally constituted entrepreneurial associations also have legitimacy to intervene in this capacity in the criminal proceedings provided for in this code.