The crime of putting into circulation of a product bearing a trademark identical or similar to a registered trademark for identical or similar products. Conditions of civil tort liability

DREPT PENAL ȘI DREPT PROCESUAL PENAL

Abstract

Within the meaning of the rule of incrimination of the offense committed by the defendant, by putting into circulation certain counterfeit products, it is understood, according to art. 9 para. (3) of Law no. 84/1998 (as republished), not only the actual sale of such products, but also their simple possession for this purpose (independently of the achievement of the respective goal or not), and, in this case, the offense brought before the court precisely consisted in such an action, which was not followed by the sale of the respective products and, as such, it did not cause any material damage to the holder of the registered trademark. Even if its right to the exclusive use of the registered trademark was obliviously breached by the unlawful act of the defendant, no damage to its image and to the public perception over the original products was actually caused, as a result of that offense. Counterfeit products were just possessed by the defendant, in order to be transited, for the purpose of a future sale, and the existence and much less, their destination were not known, until the time of intervention of the police bodies which discovered, picked up and preserved to other persons.