Industrial Property Law
Auteur : Louis Vogel
Sommaire de l’ouvrage
Introduction
Part 1: Administrative and professional organization
Title 1: Introduction
Title 2: Elements of a trademark
Title 3: Acquisition of property right in the mark
Title 4: Rights conferred by the trademark
Title 5: Exploitation and transfer of the trademark
Title 6: Collective and guarantee marks
Chapter 1: Civil action for infringement
Section 1: Material element
Section 3: Conditions governing the initiation of proceedings
Section 4: Criminal sanctions
Chapter 3: Detention by customs
Title 8: Loss of trademark rights
Title 9: Geographical indications
Part 3: Patents
Part 4: Designs
175. Intentional element
1 minute de lecture
Unlike for civil actions, a criminal action for infringement requires the existence of an intentional element, according to Article 121-3, paragraph 1, of the Criminal Code, which states that there is no crime or offense without the intention to commit it. The accused must have acted in the knowledge that his or her act was illegal. The act of infringement must be voluntary , which in principle ex …
