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Offenses under the Venezuelan Industrial Property Law

The Industrial Property Law in Venezuela plays a fundamental role in the protection of property rights, apart from promoting innovation and creativity in the country. These intangible assets represent creations that have a direct impact on the economic and social development of the country. Therefore, it is the duty of the State and other actors to protect these creations through public policies and to guarantee the owners the necessary legal security to preserve the patrimony of knowledge.

From this perspective, in this article we will analyze which are the offenses of the Industrial Property Law in Venezuela, and how its penalization helps to safeguard the interests of the companies. companies holders of such rights.

1- Trademark counterfeiting in Venezuela

One of the most common crimes in the field of industrial property is trademark infringement, which constitutes the total usurpation of the image and concept of the asset. Although there is no specific article that determines this crime, it is interpreted in the article 102 In accordance with the provisions of the Industrial Property Law, all those who invoke and use a trademark without having the corresponding certificate of registration will be penalized.

This is on the understanding that the unauthorized use of a registered trademark may cause confusion in the market, thus constituting a crime that directly affects the consumer. This includes unauthorized reproduction, imitation of recognized trademarks or the use of similar trademarks that may cause such confusion. Therefore, trademark owners may initiate legal actions to protect their rights and claim damages.

2- Patent infringement offenses

Another crime contemplated in the Industrial Property Law is the infringement of patents, typified in article 98 of said law. Anyone who infringes the rights of the legitimate owner of the patent, by manufacturing, executing, transmitting for industrial and profit purposes a patent without the consent of the owner, must be punished with imprisonment from one to twelve months.

Through the legal measures invoked by the holder to stop the infringement and seek compensation for the damages caused.

3- Industrial Design Infringement Offenses

The law also protects the rights of holders of industrial designs, whether in the use or manufacture of models or drawings registered by another holder. Because it is a fraudulent and fraudulent copy of the object of the patent, and must be penalized according to article 98 of the present law.

This includes the manufacture, distribution or marketing of products that infringe a registered industrial design. Consequently, industrial design owners may take legal action to protect their rights and seek the corresponding compensation.

4- Misuse of trade names offences

One of the most common offenses is this, usually the establishment of a branch, without the authorization of the holder of the registered trade name has become present, to the detriment of the holders of the right. In addition, the indiscriminate use of a trade name can cause confusion among consumers, in addition to infringing the intellectual and industrial property of the holder.

Thus, whoever maliciously takes advantage of the benefits obtained from an industrial or commercial reputation acquired by the efforts of another, shall be punished with one to twelve months imprisonment.

5- Counterfeiting offenses

Counterfeiting, although it is not contemplated with that specific concept, is stipulated in article 102 of the present law. Where it is established that those who have a trademark for a certain class of products, and apply it as a trademark of a different class, will incur in a fine.

And likewise, those who intend to keep a record that has lost its effects, according to the public declaration of the competent authority. They also incur in a crime, and must appear before the law, in addition to being ordered the destruction of the instruments that have served for the commission of the crime. And their recidivism will be converted into proportional imprisonment according to the decisions of the competent court.

In this sense, it is essential that the owners are informed about their rights and take appropriate legal measures to protect their intellectual assets. It is therefore advisable to seek advice from lawyers specialized in criminal law and intellectual property law. In order for them to have access to accurate information that can safeguard their interests in these cases.

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