Compliance with the Principle of Legality in the Pronunciation of a Judicial Decision for Trademark Offenses

Abstract

The crime of putting a product into circulation bearing an identical or similar trademark to a registered trademark for identical or similar products aims to sanction any attempt to mislead consumers and create a false representation of the original character of a product in commercial circuit. The article presents the conditions that must be met for the pronouncement of a conviction for this crime, the way of establishing the procedural framework, but also the criteria that must be respected for granting compensation in favor of the trademark owner, the aspects being analyzed through the lens of respecting the principle of legality in the pronouncement of a judgment judicial.