Unele consideraţii cu privire la infracţiunile prevăzute de art. 5 lit. b) şi e) din Legea nr. 11/1991 privind combaterea concurenţei neloiale

George ZLATI

Abstract

The author acknowledges the fact that some of the offences included in Law no. 11/1991against unfair competition raise some theory- and practice-related concerns. Furthermore, the author analyzes some of the relevant issues, without resorting to an exhaustive study. The first part of the article focuses on whether there is a rationale for the offence regarding counterfeiting of goods or whether the requirements of the ultra ratio principle are accomplished. Likewise, the entire offence structure is taken into account from a theoretical and jurisprudential point of view. The second part of the article analyzes the concept of trade secret and the problems generated by its definition. Also, the author highlights some of the problems of actus reus regarding the disclosure, acquisition or use of trade secrets as a consequence of a...