Counterfeiting and Criminal Protection of Industrial Property
In the main Italian production and financial district, the criminal protection of trademarks and distinctive signs assumes strategic importance for companies operating in fashion, design, advanced manufacturing, automotive, cosmetics and luxury supply chains, where the brand constitutes an essential component of corporate value.
Counterfeiting offences under Article 473 and Article 474 of the Criminal Code are not limited to the protection of the distinctive sign in a formal sense but can directly affect business continuity, the personal liability of directors and the financial stability of the company.
Offences covered in this area
Each offence has its own page with the applicable rules, evidentiary issues and defence strategy.
Counterfeiting and Criminal Protection of Industrial PropertyTrademark Counterfeiting (Art. 473)Trade in Products with False Signs (Art. 474)Usurpation of Industrial Property Titles (Art. 517-ter)Sale of Products with Misleading Signs (Art. 517)Fraud against National Industries (Art. 514)Organised Activity, Confiscation and 231 LiabilityDefence Strategy and Legal Aid
How the firm works on this area
- Verifica della validità, titolarità ed estensione della tutela del marchio
- Analisi tecnico-peritale dei segni distintivi contestati
- Gestione dei sequestri preventivi e delle misure cautelari
- Strategia difensiva integrata con la continuità aziendale
- Coordinamento con la difesa ex D.Lgs. 231/2001
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Frequently asked questions about Counterfeiting and Criminal Protection of Industrial Property
When does counterfeiting constitute a criminal offence?
Counterfeiting of trademarks and distinctive signs is punishable under Article 473 of the Criminal Code, while the commercialisation of products with counterfeit signs is governed by Article 474. The offences require that the trademark be validly registered, that the affixed sign be capable of deceiving the consumer, and that the conduct be supported by criminal intent. The defence verifies the validity of the protected right and the actual deceptive scope of the disputed sign.
How is preventive seizure managed in counterfeiting proceedings?
In counterfeiting proceedings, preventive seizure can affect warehouses, production lines and financial resources, with immediate effects on business continuity. The defence intervenes to obtain the revocation or reduction of the real constraint, verifying the proportionality of the measure relative to the profit of the offence and the legal soundness of the classification of the contested conduct.
What is the relationship between criminal counterfeiting and civil trademark protection?
Criminal protection under Articles 473–474 of the Criminal Code runs alongside civil and administrative trademark protection. Criminal counterfeiting proceedings may run in parallel with civil damages claims and injunctions. Integrated defence coordinates strategies across the different levels of protection, ensuring consistency of positions and protecting corporate interests in all forums.
Is the online distribution of counterfeit goods criminally prosecutable?
Yes, the online commercialisation of goods bearing counterfeit trademarks constitutes the offences under Articles 473–474 of the Criminal Code, even when carried out through digital platforms or marketplaces. The defence verifies the perpetrator's awareness of the falsity of the trademark, the provenance of the goods, and the structure of the supply chain — all elements that can significantly affect the subjective profile of the offence.
Who bears criminal liability in a production chain for counterfeiting offences?
In a complex production chain, criminal liability for counterfeiting may involve the manufacturer, importer, distributor and retailer, depending on the role actually played and knowledge of the falsity of the trademark. The defence reconstructs the defendant's specific role in the distribution chain and verifies whether the required intent exists or merely negligence, with significant consequences for litigation strategies.
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