Business and Justice

The infringement of the rights granted by intellectual property law can be punished through the exercise of civil, criminal or administrative action.

Regarding the civil noted that:

* To be exercised through the regular procedure called regulated in the Code of Civil Procedure.

The owner of the rights protected by those rules, it may encourage the cessation of those activities directed against them and require adequate compensation for damages, both economic and moral.

You may also request in advance at the start of proceedings, the adoption of so-called precautionary measures to protect their rights with greater urgency.

The cessation of activity may include:
- suspension of the infringing exploitation.
- prohibiting the infringer from resuming.
- withdrawing from the market for illegal copies and destruction.
- disabling, and, if necessary, destruction of molds, plates, matrices, negatives and other material intended solely for playing illegal copies.
- sealing of the equipment used for unauthorized public communication.

* With respect to compensation in cases where there is economic loss, the person can choose to receive the amount of profit that the infringer has obtained or remuneration that would have received if he had consented to the operation.

As for moral damages, the obligation to compensate them but are not produced or provided proof of economic harm, the amount is calculated taking into account the circumstances in which the breach occurred, the severity of the lesion produced and the degree of dissemination of the work. The action to claim damages shall lapse five years since the person could exercise it.

* Meanwhile, precautionary measures are taken legal action in cases where the violation occurs or is reason to fear that may occur. These measures include:
- intervention of the revenue obtained with the illegal activity.
- suspension of the activity of reproduction, distribution and public communication, as appropriate.
- the seizure of copies produced or used and the material used solely for reproduction or public communication.
- seizure of the equipment, apparatus and materials used.

In criminal proceedings, the person with the intent to benefit and the detriment of another, reproduces, plagiarizes, distributes or communicates to the public, in whole or in part, a literary, artistic or scientific processing, performance art fixed in any medium or transmitted by any means, without the authorization of the owners of relevant intellectual property rights or their licensees can be punished for committing a crime against intellectual property liable to imprisonment for 6 months 2 years or a fine of 6 to 24 months.

This penalty also be imposed on who intentionally imports, exports or store copies of such works or productions or performances without authorization; also be punished the manufacture, distribution and stocking of any means specifically intended to facilitate the removal or neutralization of any technical device that was used to protect computer programs.

It is always wise to seek counsel from a lawyer on whether or not to initiate appropriate legal action as well as the peculiarities that may bring the case.

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