The typicality of the Offences against the Copyright and Related Rights

Abstract

The increase in the crimes of Copy rights and related rights, is due in the majority of the cases to the ignorance of the subject matter by some legal practitioners, and also by the way that the new Criminal Procedure Code regulates the criminal filing, qualifying the filing in relation to this kind of crimes as public offense filings by way of a personal and private filing, implying that in the absence of a complaint by the victim as a holder of the infringed right, office of the government attorney cannot act ex officio.

There is no doubt that this regulation has been a step backwards in the protection of the rights in question, notwithstanding that the Honduran State has signed and ratified international treaties on the matter, such as the Agreement on Aspects of Intellectual Property that are Trade- Related (ADPIC).

DOI: http://dx.doi.org/10.5377/lrd.v34i0.1744

Revista de Derecho, Vol. 34, Nº 1, Año 2013: 5-25