Criminal Complaint
Criminal Complaints in Intellectual Property: Combating Criminal Offenses Efficiently
In addition to the administrative and civil spheres, the violation of intellectual property rights may constitute a crime, with specific provisions in Brazilian law. When this occurs, the appropriate legal instrument to seek criminal liability of the offender is the criminal complaint, which initiates the criminal proceedings in cases of private prosecution crimes.
What is a criminal complaint in the field of intellectual property?
A criminal complaint is the initial document in a criminal proceeding that aims to hold criminally liable individuals or companies that have committed illegal acts against intellectual property rights, such as trademarks, industrial designs, patents, copyrights or industrial secrets.
The main crimes provided for in the legislation include:
• Misuse of registered trademark (art. 189 and 190 of the Industrial Property Law – LPI)
• Patent infringement (art. 183 and 184 of the LPI)
• Violation of industrial design (art. 187 and 188 of the LPI)
• Unauthorized reproduction of a work protected by copyright (art. 184 of the Penal Code)
• Unauthorized reproduction of a work protected by copyright (art. 184 of the Penal Code)
When is a criminal complaint appropriate?
A criminal complaint is admissible in cases of private criminal offenses, in which the owner of the harmed right must take the initiative to seek punishment for the offender. It can be filed in situations such as:
What is required to file a criminal complaint?
• Improper use of a registered trademark on products or services, with the intention of confusing consumers.
• Exploration of an object that incorporates an industrial design or patent.
• Reproduction, distribution or commercialization of protected works without authorization from the author or owner.
• Practice of acts that cause harm to the reputation or business of the owner of the right.
For a criminal complaint to be valid, it is necessary:
1. Evidence of the criminal offense: Documents, witnesses, reports or other elements that demonstrate the crime committed.
2. Legal deadline: The criminal complaint must be filed within 6 months from the date on which the owner became aware of the authorship of the crime.
3. Assistance from a lawyer: The work of a specialized professional is essential to draft the criminal complaint and conduct the criminal proceedings.
Benefits of criminal complaints in protecting your rights
• Inhibition of criminal practices:
Criminal liability acts as a disincentive to recidivism.
• Damage repair:
In some cases, it is possible to seek, in parallel, compensation for losses caused by criminal conduct.
• Strengthening the exclusivity of the right:
Demonstrating that you protect your intellectual assets helps to consolidate your position in the market.
Demonstrating that you protect your intellectual assets helps to consolidate your position in the market.
Preparing a criminal complaint requires technical and strategic knowledge to ensure its admissibility and success in the criminal proceedings. Our office acts proactively in:
• Identification of crimes and collection of evidence.
• Preparation of criminal complaints and procedural monitoring.
• Defense of your rights in all instances.
If you have been the victim of a criminal infringement against your intellectual property rights, do not hesitate to seek justice. Contact us for a detailed analysis of your case and to take the necessary measures.
