COUNTERFEITING AND INFRINGEMENTS UPON INTELLECTUAL PROPERTY RIGHTS

Abstract

The scientific paper aims to present the ways in which intellectual property rights are infringed and the description of the most used forms of fraud. In order to protect and encourage innovation, it is necessary that criminal law rules provide for situations of non-compliance with intellectual property rights, such as: counterfeiting, piracy and plagiarism, criminal rules including applicable sanctions. The code of conduct in case of violations of the legal norms regarding the intellectual property right presupposes a more sophisticated action that must be well documented, and for the eradication of the phenomenon the causes that favor these illegal activities must be established, including the customer motivation encouraging these practices. Experts have found that the increasing use of new IT technologies and applications in many areas, as well as the use of the Internet on a global scale, have given rise to a new phenomenon and a particularly complex way of fraud, namely online piracy in various fields such as music, film industry, but also forms of online counterfeiting.