Crimes against copyright in the Colombian Penal Code.
DOI:
https://doi.org/10.17230/nfp.9.81.3Keywords:
Author’s rights, copyright, related rights, patrimonial rights, moral rights, monism, dualism, supra-individual legal interests.Abstract
Intellectual property rights include those of copyright, industrial property, scientific discoveries, among others. In our criminal code there are rules that protect trademarks and patents (article 306) and rules that protect copyright (arts. 270 to 272). Within copyright there is a division between the copyright stricto sensu and the protection of related rights. While the material object in copyright stricto sensu is the literary, artistic or scientific work, in related rights is the interpretation or execution of those works. Our proposal is to include within the criminal definition the requirement of a profit-making conduct plus a concrete damage to a third person. This proposal will not only limit the criminal definition, but it will also reinforce the protection of the patrimonial dimension
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