25/02/2014
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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The piracy market offers a diversity of products with lower than formal market prices , which increases people's interest in this type of merchandise . Although tempting, what few know is that when you purchase or sell a counterfeit product , it becomes a criminal act causing great damage to the country's economy. To understand more about the matter , the lawyer who specializes in tax law , Dr. Márcio Holland Teixeira explains this type of crime.
Pirated products are defined as those which have reproduction , sale or distribution without permission and payment of royalties. Any kind of fake falls in crime , either directly or indirectly.
Typically, pirated goods are acquired by the ease and the low price, but according to FIRJAN ( Federation of Industries of Rio de Janeiro ) more than £ 40 billion in taxes cease to be collected per year , on average , 2 million formal jobs were lost . Only in the textile industry , piracy contributes to an annual loss of £ 1.56 billion . To get an idea of how big this informal market , the music industry , for example , there are five pirated CDs for each original post sale.
Many believe that the crime is only for those who distribute pirated products , and that would not be a criminal offense to buy counterfeit merchandise . " In fact , the buyer will not be committing an illegal act of copyright infringement , but can answer for the crime of receiving stolen goods , it will have acquired a product derived from the crime ," says Dr. Márcio Teixeira Netherlands .
For those who have a major market activity pirated CDs and DVDs , the lawyer wishes to assure that this activity is indeed a crime. Mentioned in Article 184 of the Penal Code, which criminalizes any copyright infringement with gainful intent . Thus , all goods produced or sold in violation of those rights , mentioned above , will necessarily proceeds of crime .
" In summary, if the offense of receiving stolen goods is characterized by property crime , the act of buying a pirated merchandise consists of criminal conduct because the purchased product infringes the intellectual assets of its owner , and thus becomes a result of other previous offense , "explains Dr. Márcio Teixeira Netherlands .
Therefore, it is important to warn that no matter who buys or sells this origin, this person will respond by the act of receiving , in accordance with article 180 of the Penal Code , which provides for imprisonment for up to four years. Besides the loss in tax revenue , piracy still generates unemployment , unfair competition practices and feeds organized crime .
Piracy and consumer rights
The art. 6 of the law provides is basic consumer right to education and outreach on the proper consumption of products and services , adequate and clear information about the various products and services and protection against coercive or unfair business methods . The law also stipulates that are unsafe to eat the products are damaged, altered , tampered with , damaged, falsified , corrupted , fraudulent , harmful to life or health, or dangerous , those in disagreement with the regulatory standards for the manufacture, distribution or presentation , as attorney Maurice Antonio Dutra Commission explains .
" Every moment we encounter actions of government in combating piracy , either through advertisements or institutional police repression with the seizure of counterfeit products . Inobstante this effort to reduce this delitiva and unfair practice , because the country ceased to collect a fortune in taxes by counterfeit products , all of these measures are still insufficient to prevent the continuation of the problem . "
El explains that counterfeit products cause damage to society , individually analyzed , and the state. Because it undermines the integrity and credibility of the companies owning certain brands or patents , which now have serious damage with the loss of the market for pirated products; cause loss of picture ; generates low quality products and off- set technical standards , which can cause damage to the health and safety of consumers; generates losses of state revenue ; cause emptying of jobs because of unfair competition from counterfeit products derived entails the inevitable loss of their revenues , and finally there is the increased violence , it has been demonstrated that the profits from the sales of fake goods fund organized crime .
Despite these serious consequences that counterfeit products bring to the social and economic development of the country , also from the perspective of the consumer there are problems to trigger the system guarantees that the law 8078/90 puts at your disposal . It is important to note because the fake products , because they are not developed with the same technology and appropriate inputs , can malfunction that endangers the safety of consumers own and , if you suffer an injury , you may not be compensated for losses suffered .
This is because the consumer who buys a counterfeit product , sometimes you can not enforce the law in the event of a vice or defect in the product. Of course there is a legal presumption that the product put into circulation was introduced into the consumer by the supplier chain. However , this presumption is not absolute and may be rebutted by evidence to the contrary . " So if the product vendor , as a manufacturer , builder , producer or importer , shown not introduced in the consumer market addict or defective product , you may not be liable for damages arising out of it ," he explains .
" The law has the function of protecting the consumer, however, from the moment you voluntarily and knowingly purchases a product you know is fake could suffer losses ( due to be a product of poor quality and out of technical standards ) and might not be supported by it . Consumers need to be aware of the harm caused by counterfeit products , in joint action with the government , to end this vicious cycle that only generates losses to society and the State " , he concludes.
Source : Uol - Modern Consumer
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This article was translated by an automatic translation system, and was therefore not reviewed by people.