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“Chinese Take-Away”

Copyright Law (No. 11.723), Art. 71; Criminal Code, Art. 172 – in re “P., L. et al.”

  • Decision • Copyright Law
  • Argentina
  • Published:
IIC - International Review of Intellectual Property and Competition Law Aims and scope Submit manuscript

Uploading a copyrighted film to YouTube is not a criminal offence in Argentina.

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Notes

  1. A decision that puts an end to a criminal procedure, similar to nolle prosequi in common law. By it a criminal court decides to cease an investigation aimed at assessing the existence of a criminal offence because of, for instance, insufficient evidence or inexistence of the necessary elements for the configuration of a criminal offence (namely: attributable conduct, typicality, illegality and culpability).

  2. In Argentina and other Spanish-speaking countries a "querellante" is someone who reports a criminal action (usually the alleged victim) with the intention to become a party to the criminal proceeding. The "querellante" contributes together with the public prosecutor to bring forward the criminal proceeding (though their opinions may diverge). Because no such institution exists in common law jurisdictions and because the nouns “plaintiff”, “claimant” or “complainant” are usually associated with civil procedure, I have preferred to use the phrase "private prosecutor" to denote it (another option could have been "criminal complainant"). A "querella" could be defined as a "private criminal complaint".

  3. Equivalent to the intention to commit a crime (also mens rea).

  4. See supra note 2.

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Decision of the National Criminal and Correctional Court of Appeals (5th Chamber) 28 October 2013 – Case No. CCC 13630/2012/CA2

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Translated by Maximiliano Marzetti, Professor of Intellectual Property Law and Economics at the Latin American School of Social Sciences (FLACSO), Buenos Aires, Argentina.

For a case note on this decision by Maximiliano Marzetti see this issue of IIC at doi:10.1007/s40319-014-0245-4.

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Decision of the National Criminal and Correctional Court of Appeals (5th Chamber) 28 October 2013 – Case No. CCC 13630/2012/CA2. “Chinese Take-Away”. IIC 45, 711–715 (2014). https://doi.org/10.1007/s40319-014-0244-5

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  • DOI: https://doi.org/10.1007/s40319-014-0244-5

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