Criminal Code > TITLE II ECONOMIC AND 1

TITLE II ECONOMIC AND COMMERCIAL CRIMES

Article 716- Participation of a Juridical Person in a Crime.

(1) Where a juridical person takes part in the commission of one of the crimes specified in this Title in the manner provided under Article 34 of this Code, it shall be punishable, depending on the nature of the crime, in accordance with the provisions of Article 90.

(2) Where the manager, attorney, member, administrator or member of the controlling or winding-up authority of a juridical person takes part in the commission of a crime according to sub-article (1) above due to his position in its management, he shall be punishable in accordance with the relevant provisions of this Title.

(3) Nothing in this Article shall affect the provisions of Article 143.

CHAPTER I CRIMES AGAINST INTANGIBLE RIGHTS

Article 717- Attack on Another’s Credit.

(1) Whoever, maliciously or with intent to cause damage, seriously injures or compromises the credit of another by statements or imputations he knows to be false,

is punishable, upon complaint, with a fine of not less than one thousand Birr, or simple imprisonment for not less than three months.

(2) The provisions regarding calumny (Art. 613(3)) may not be applied concurrently with the provisions of this Article.

Article 718- Harmful False Information.

Whoever, being in a position to know the state of affairs of an undertaking, a commercial firm or a cooperative, whether as founder, member, manager, director, attorney, member of a board of directors or audit, or a liquidator, intentionally gives or causes to be given essential and untrue information, whether in notices to the public, or in proposals or reports to a general meeting,

Is punishable, upon complaint, with a fine of not less than one thousand Birr, or simple imprisonment for not less than three months.

Article 719- Unfair Competition.

Whoever intentionally commits against another, an abuse of economic competition by means of direct or any other process contrary to the rules of good faith in business, in particular:

a) by discrediting another, his goods or dealings, his activities of business or by making untrue or false statements as to his own goods, dealings, activities or business in order to derive a benefit therefrom against his competitors; or

b) by taking measures such as to create confusion with the goods, dealings or products or with the activities or business of another; or

c) by using inaccurate or false styles, distinctive signs, marks or professional titles in order to induce a belief as to his particular status or capacity; or

d) by granting or offering undue benefits to the servants, agents or assistants of another, in order to induce them to fail in their duties or obligations in their work or to induce them to discover or reveal any secret of manufacture, organization or working; or

e) by revealing or taking advantage of such secrets obtained or revealed in any other manner contrary to good faith,

is punishable, upon complaint, with a fine of not less than one thousand Birr, or simple imprisonment for not less than three months.

Article 720- Infringement of Marks, Declarations of Origin, Designs or Models.

(1) Whoever intentionally:

a) infringes, imitates or passes off, in such manner as to deceive the public, another’s mark or distinctive signs or declarations of origin on any produce or goods or their packing, whether commercial, industrial or agricultural; or

b) sells or offers for sale, imports or exports, distributes or places on the marker produce or goods under a mark which he knows to be infringed, imitated, passed off or improperly affixed; or

c) refuses to declare the origin of produce or goods in his possession under such marks,

shall be punishable with rigorous imprisonment not exceeding ten years.

(2) Whoever unlawfully so acts with respect to intellectual property rights, particularly industrial designs or models, or patented inventions or processes, duly registered and protected by existing laws or agreements, national or international, shall be liable to the same punishments.

(3) Where the act mentioned under sub-article (1) or (2) is committed negligently, the punishment shall be simple imprisonment not exceeding five years.

Article 721- Infringement of Rights Relating to Literary, Artistic or Creative Works.

(1) Whoever, apart from cases punishable more severely by another provision of this Code, intentionally violates laws, regulations or rules issued in relation to rights on literary, artistic or creative works,

is punishable with rigorous imprisonment not exceeding ten years.

(2) Where the act is committed negligently, the punishment shall be

Simple imprisonment not exceeding five years.

Article 722- Right of Complaint.

Where the crimes in this Chapter are punishable upon complaint, only the person or professional association injured shall have the right to make the complaint.

Article 723- Aggravated Cases.

Where one of the crimes provided in this Chapter is committed to further the commission of fraudulent misrepresentation, the punishment provided for the latter shall apply concurrently.

Article 724- Related Sanctions.

Apart from the penal sanction and any civil claim, the Court shall order the confiscation of the objects, goods or works which are infringements as well as of the proceeds of sale or performance.

The judgment shall be given the necessary publicity by the Court.