Crimes against copyright in the Colombian Penal Code.
Main Article Content
Keywords
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
Downloads
Article Sidebar
Article Details
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under aCreative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).