Kazenskopravno varstvo patentov : nekateri pravno-ekonomski in primerjalnopravni vidiki

slovenian

2014

volume 40, issue 2

IUS SOFTWARE d.o.o.
(Obvezni izvod spletne publikacije)

A patent can be defined as the intellectual property right that protects an invention. In practice, protection is offered to a patent owner not only in civil proceedings, but also in administrative and criminal proceedings. The law & economics theory teaches that from the perspective of economic reasoning, criminal enforcement is needed only if the offender does not internalize in full the costs of his violation in civil proceedings. The aim of the article is to analyze the question of reasonableness of patent protection in criminal proceedings. The analysis is conducted from two aspects: the aspect of economic analysis of law as well as the aspect of regulation of this question in practice - by comparing differences in how the matter is addressed in some continental and common law jurisdictions. On the basis of this analysis the author also prepared some suggestions for future regulation of this issue in Slovenian legal system.

18.01.2017