Acórdão nº 9240576 de Court of Appeal of Porto (Portugal), 09 de Dezembro de 1992
Magistrado Responsável | CASTRO RIBEIRO |
Data da Resolução | 09 de Dezembro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: CONFLITO COMPETÊNCIA.
Decisão: DECLARAÇÃO DE COMPETÊNCIA.
Área Temática: DIR PROC PENAL.
Legislação Nacional: CPP87 ART24 N1 C ART28 C ART36 N5. CPI40 ART217 N1 N3 N6.
Sumário: I - O artigo 217 do Código da Propriedade Industrial prevê, nos seus diversos números, variadas condutas tipificadoras do crime de contrafacção e de imitação e usos ilegais das marcas, todas elas destinadas a proteger os legítimos interesses dos proprietários de marcas registadas e, por isso também todas sancionáveis com as mesmas penas de multa e de prisão; II - Tal ilícito só atinge a sua plenitude lesiva com a expropriação e venda de mercadoria ao público, por esse ser o meio normal de se obter o " maior lucro " subjacente às motivações do contrafactor ou imitador de marcas, e também ali se alcançar o " maior prejuízo " para o proprietário ofendido; III - Existe conexão de processos se um arguido expõe para venda ao público no seu estabelecimento comercial situado em certa comarca produtos " fabricados " em outra comarca por outros co-arguidos, nos termos do artigo 24, nº 1, alínea c) do Código de Processo Penal, e se o seu comportamento cabe no dito artigo 217; IV - Na realidade, a conduta criminosa do arguido que expõe para venda produtos na situação ilegal prevista no artigo 217, do Código da Propriedade Industrial, mais não será do que uma " continuação " da conduta imputada aos arguidos que procedem à mencionada...
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