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“Steam Mops/Food Choppers”

Decision of the Supreme Court 26 April 2018 – Case No. KKO 2018:36
  • Criminal Code, Sec. 2 of Chapter 49
Decision • Trade Mark Law Finland
  • 3 Downloads
  1. 1.

    Comparing the intentional infringement of a Community trade mark or a Community design right cannot be based upon Sec. 2 of Chapter 49 of the Criminal Code of Finland, the national laws regarding trade marks or design rights, or the Trade Mark Regulation or Community Design Right Regulation.

     
  2. 2.

    Section 2 of Chapter 49 of the Criminal Code of Finland cannot be interpreted without going beyond the letter of the law or relying on analogous conclusions and thereby disregarding the principle of legality, in such a way that infringement of a Community trade mark or Community design right would be punishable under the provision.

     
  3. 3.

    The provision on intellectual property offences does not cover the infringement of a Community trade mark or a Community design right.

     

Keywords

Infringement Penal liability Principle of legality Intellectual property offense Community trade mark and Community design right Punishability under national law 

Notes

Copyright information

© Max Planck Institute for Innovation and Competition, Munich 2019

Authors and Affiliations

  • Criminal Code, Sec. 2 of Chapter 49

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