Through arts. 270 to 272 of the Criminal Code, criminalizes offenses related to intellectual property, which protect the economic interests of the holders of economic rights over intellectual property objects. This is a matter regulated by private law, which raises some problems when it comes to distinguishing between conduct punishable under civil law and conduct constituting a crime.

What types of works are protected by intellectual property? The following offenses protect literary, artistic or scientific works (for example, series, movies, musicals, computer programs, video games…), without the need to be registered in a public registry, as long as such works are original and have a certain creative height.

Criminal Modalities

Specifically, the Penal Code punishes the following behaviors with a prison sentence of 6 months to 4 years and a fine of 12 to 24 months:

1. The reproduction, plagiarism, distribution, public communication or economic exploitation of literary, artistic or scientific works, as well as their transformation or interpretation, provided that there is no authorization from the owner and that the author acts for profit and to the detriment of a third party.
2. In the provision of information society services, with the intention of obtaining an economic benefit and to the detriment of third parties, actively and non-neutrally facilitating access on the Internet to works subject to intellectual property without the authorization of the owner, for example, by providing ordered and classified lists of links to the works.

In both cases, itinerant or occasional distribution or commercialization is punished with a lesser penalty: imprisonment from 6 months to 2 years. In any case, the judge may impose a fine of 1 to 6 months or community service of 31 to 60 days.

1. The intentional export or storage of copies of such works, without the authorization of the owner, provided that they are intended to be reproduced or distributed publicly.
2. Intentional importation of these products without such authorization, when they are intended to be reproduced or distributed publicly.
3. Facilitating the performance of the previously described conducts by eliminating or modifying, without authorization of the owners, the technological measures incorporated to prevent or restrict their performance.
4. With the intention of obtaining an economic benefit and to facilitate access to a literary, artistic or scientific work to third parties, avoiding the effective technological measures provided to prevent it, provided that it is done without the authorization of the owner.

On the other hand, the Penal Code punishes, with a prison sentence of 6 months to 3 years, the manufacture, importation, putting into circulation or possession for commercial purposes, of any means primarily designed to facilitate the unauthorized suppression or neutralization of technical devices used to protect the works previously mentioned.

Aggravated modalities

Pursuant to Article 271 of the Criminal Code, a prison sentence of 2 to 6 years, a fine of 18 to 36 months and special disqualification from practicing the profession related to the crime committed for a period of 2 to 5 years must be imposed when any of the following circumstances concur in the commission of the crimes described above: if the benefit obtained has special economic transcendence, if the facts are particularly serious, if the perpetrator belongs to an organization dedicated to the commission of this type of crime or if minors are used to commit these crimes.

Criminal liability of legal persons

Legal persons may be punished for the commission of a crime against intellectual property, in which case the penalty to be imposed shall be:

1. A fine of two to four times the profit obtained, if the crime committed by the natural person is punishable by imprisonment for more than 2 years.
2. In all other cases, the fine is double to triple the amount of the profit obtained.

Likewise, the Judge may impose the penalties of dissolution, suspension of activities, closure of premises, prohibition to carry out activities in the future, special disqualification to obtain subsidies and public aid and judicial intervention.