Intellectual Property Crime Case-Law of National Courts 2024

By the format and configuration of the bottle, the slogan and the labels affixed to Liquor E, the accused knowingly appropriated the values associated with the Liquor F trademark without the consent of the respective rights holder. [...] As for the sanctions imposed on the accused, the court concurred that a fine was the most appropriate penalty and that the duration and amount of the fines imposed by the lower court were adequate and proportionate to the preventive requirements of the case, the degree of guilt of the accused and their personal and financial situation. [...] Accordingly, the Second Instance Court ordered that the decision of the lower court be amended to reflect the new provisions of Article 195 of the Act on Copyright and Related Rights, and that the accused be acquitted of the crime of usurpation and consequently exempted from the payment of the corresponding fine. [...] In sentencing, the court took into consideration several factors, including the central role played by the accused in the operation of the network, the network’s large scale and high number of users, the financial gain made by the accused and the significant damage caused to the television operators. [...] The model is based on the fee the television operators would have received for the legal use of their service (less VAT), the number of users who accessed the channels and the duration of the unauthorised use.