Tom 317 (2015)

Przepisy karne ustawy o  ochronie prawnej odmian roślin — przyczynek do roli prawa karnego gospodarczego w  ochronie własności intelektualnej

Tomasz Gawliczek

Strony: 35 - 50



Criminal provisions of the Plant Variety Protection Act — introduction to the role of economic criminal law in the intellectual property protection

Applicable penal provisions of the Plant Variety Protection Act belong to economic criminal law, which protects a widely understood intellectual property rights. The main purpose of the present article is to attempt an evaluation of a cohesion of subjective legal regulations on the grounds of penal provisions contained in Copyright Law and Industrial Property Law. The author conducted an analysis concerning economic crimes and offenses included in Chapter III of the Plant Variety Protection Act from the technical and legislative perspective as well as its penal range. In the present study, there are included also some needed suggestions, concerning the necessity of potential changes, e.g. extension of the criminalization scope in the field of community regulations of protection of plant variety.
Systemic interpretation of the penal provisions enables to emphasize the purposes and functions of the economic criminal law in the field of Intellectual Property Rights and its role which the mentioned provisions fulfill in relation to the existing administrative and civil sanctions.