Acórdão nº 9450467 de Court of Appeal of Porto (Portugal), 29 de Junho de 1994
Magistrado Responsável | PEREIRA MADEIRA |
Data da Resolução | 29 de Junho de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: REC PENAL.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: CF J F C PATRÍCIO PAÚL, CONCORRÊNCIA DESLEAL, PAG119; AMÉRICO DA SILVA CARVALHO, CONCORRÊNCIA DESLEAL, PRINCÍPIOS FUNDAMENTAIS, PAG47.
Área Temática: DIR CRIM - DIR PENAL ECON.
Legislação Nacional: CPI40 ART412 ART417. CPP87 ART374 N3 B.
Jurisprudência Nacional: ASS STJ N2/93 IN DR IS-A DE 1993/03/10. AC RP DE 1992/06/03 IN CJ T3 ANOXVII PAG323.
Sumário: I - A exigência de que a sentença penal contenha a decisão condenatória ou absolutória - artigo 374, n. 3, alínea b) do Código de Processo Penal de 1987 - respeita ao crime que é objecto do processo e que substituiu o primitivo por efeito de convolação e não a este último. II - O crime de concorrência desleal do artigo 212 do Código da Propriedade Industrial, é todo o acto de concorrência contrário às normas e usos honestos de qualquer ramo de actividade económica. III - No crime de concorrência desleal basta a simples idoneidade do acto para atrair clientela alheia, bastando uma probabilidade de dano e não sendo necessário dano efectivo. IV - Não é...
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