Protección penal de bases de datos
Published date | 29 September 2011 |
Author | Andrés O'Farrell,Gustavo P. Giay |
Date | 29 September 2011 |
Law Firm | Marval O'Farrell Mairal |
El propietario de una empresa de organización de eventos corporativos querelló criminalmente a dos ex-empleadas, a quienes acusó de apropiarse indebidamente de una base de datos de su autoría.
La base de datos en cuestión consistía en una recopilación de experiencias y mejores prácticas para la organización de eventos empresariales. Tras su desvinculación de la compañía, las imputadas la habrían utilizado para montar una empresa competidora y desviar clientela en provecho propio.
El juez de primera instancia procesó a las imputadas como coautoras del delito de defraudación de la propiedad intelectual (artículo 71, Ley N° 11.723).
La defensa apeló el fallo, argumentando que una base de datos de estas características no está protegida por la Ley N° 11.723. En este sentido, sostuvo que la Ley de Propiedad Intelectual ampara la expresión de ideas y procedimientos pero no el concepto en sí, de manera que es lícito el aprovechamiento colectivo de una idea útil.
Tras oír a las partes, la Cámara de Apelaciones confirmó el...
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