Considerente cu privire la necesitatea săvârşirii faptei de contrafacere cu intenţie (sau nu?) pentru a se putea dispune obligarea autorului la plata de despăgubiri în conformitate cu prevederile art. 14 din O.U.G. nr. 100/2005

Dr. Ionuţ COFARU

ABSTRACT

With respect to the damages caused by breaching industrial property rights, the extent to which the provisions of article 14 of OUG no. 100/2005 are also applicable when the deed is committed with fault, represent the object of a series of analysis in the legal literature and case law. The High Court of Cassation and Justice has answered this question in the affirmative. Given the complexity of the analysed problem, we deem it useful to draft the following study, study in which we seek to determine whether the conclusion of the supreme court is the correct one. In this sense, the applicable provisions and the main tools used by the supreme court in order to reach its conclusion are analysed in the article. Considering these elements, the...