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Who commits the infringement of industrial property rights?<\/strong> A perfect and perhaps most common example of this is when someone uses another famous brand's name, logo, color combinations or figures with minimal changes, or adopts them entirely, without having received permission from the proprietor.<\/p>\n\n\n\n What is industrial property protection? <\/strong> What penalty can the perpetrator expect?<\/strong> What is pecuniary disadvantage?<\/strong>
Infringement of industrial property rights is committed by anyone who violates another's right arising from industrial property protection by imitating or adopting the subject of the protection, or by placing goods created by these means on the market or acquiring or holding them for such purpose, and thereby causes financial loss to the proprietor.<\/p>\n\n\n\n
This category includes trademarks, patents, utility model protections, plant variety protections, geographical indication protections and design protections.<\/p>\n\n\n\n
For the infringement of industrial property rights, in the mildest case, the perpetrator is punishable by imprisonment of up to two years, while in the most severe case, they can be punished by imprisonment of five to ten years, if their act causes particularly significant pecuniary disadvantage to the proprietor.<\/p>\n\n\n\n
According to the definition in the Criminal Code, financial loss is the damage caused to property and the loss of lost profits. In the case of infringement of industrial property rights, the pecuniary damage mostly manifests as lost royalties.\nSticking with the above example, if someone places products on the market by copying a famous brand's product, the extent of the pecuniary disadvantage can be calculated by examining the amount of royalties the victim lost because their industrial property protection was used without authorization. Given that this circumstance is based on rather complicated and often debatable calculations, the extent of the pecuniary disadvantage is usually determined by experts during criminal proceedings.<\/p>\n\n\n\n