Summary

Revision of penal power brings about important changes in the field of penal protection of intellectual property both in the Penal Code and the branch legislation. The revision of penal power considerably amends the penal provisions on offences against intellectual property in Chapter 14 of the Penal Code, and the penal provisions of this field outside the Code will disappear. As to moral rights related to intellectual property, only violation of authorship will remain punishable; the rest of the moral rights will remain protected under private legal remedies. In proprietary right related to intellectual property (mainly exclusive right), the penal provisions have been specified and harmonised both among themselves and with the provisions concerning offences against property. § 225 of the Penal Code has also been amended and § 228 declared invalid – the nature of these provisions does not enable to categorise them directly under either of the above categories of rights. The article addresses these amendments more closely.