Necesidad de insertar al Código Orgánico Integral Penal el delito de propiedad intelectual o industrial

The strengthening of the protection of intellectual property rights around the world has followed a long process, and Ecuadorian legislation was at a good stage of development in this area, seeking to provide solutions to the needs of today's society However, it is not enough just to recognize the substantial value of the intellectual property rights, but also having appropriate tools for the protection of these rights. In the theoretical work and field of this thesis it allowed me to obtain criteria with clear and precise, the very foundations who helped me to check objectives and hypothesis contrast allowing me to support the proposed changes. In order to protect their owners against illegal actions by third parties, among other measures, it has resorted to criminal law to establish certain unlawful conduct that may infringe the rights of intellectual and heritage character of each holder; because, on many occasions, which shows us the experience, has been the only certain way to achieve an effective respect for these rights. Indeed, January 28, 2014, the National Assembly issued the organic comprehensive criminal code ("COIP"), published in official register S. 180, on February 10, 2014, in which, within the repealing provisions, we find the twenty second: "Repeal the articles 319 to the 331, and the second subparagraph of article 342 of the codification of the law of intellectual property published in the supplement of the official register no. 426 of December 28, 2006." Articles which referred to repeal this provision, they are content in chapter III "Of the crimes and las Peñas" of the law of intellectual property, therefore the legislative function has decided to eliminate all the offences against intellectual property. The result of this is that these rights, recognized in the Constitution of the Republic in its article 322, are without the ability to be safeguarded under the tutelage of the criminal law. Intellectual property is a right to special development in the legal systems of different Nations, need, like many other rights, special protection to ensure their compliance and inviolability, protection which must translate also in criminal law, constitutional, and human. If not, is it will not have sufficient legal mechanisms to achieve a punitive sanction that will ensure the rights of each owner? Hence the urgent need to carry out a study and research on the present issue, in order to determine the failure in the organic comprehensive criminal code in terms of the intellectual or industrial property

• 主要作者: Martínez, Etna de Jesús (author)
• 格式: bachelorThesis
• 語言: spa
• 出版: 2015
• 主題: PROPIEDAD INTELECTUAL; DERECHOS DE AUTOR; PROPIEDAD INDUSTRIAL; PATENTES
• 在線閱讀: http://dspace.unl.edu.ec/jspui/handle/123456789/8311