Violation of protected industrial rights according to § 269 par. 1, par. 2 let. a) of the Criminal Code by unauthorized interference to a greater extent with the rights of another person to a utility model

JUDr. Jakub Vozáb, PhD. 10.04.2019

Violation of protected industrial rights according to § 269 paragraph 1, paragraph 2 letter a) of the Criminal Code by unauthorized intervention on a larger scale into the rights of another person to a utility model

The Court of Appeal agreed with the opinion of the lower level courts that the parties to the question of the subjective side of the criminal offense on trial stated that both accused committed the conduct for which they are accused, at least in the form of indirect intent, because they knew that by making steam molds they could violate an interest protected by law, i.e. in the given case the interest in the protection of technical creative activity in the field of industrial rights and its results, and in the event that they cause it, they have been understood to do so.

5 Tdo 1405/2018–40