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    Counterfeiting and Criminal Protection of Industrial Property

    The criminal protection of industrial property constitutes one of the fundamental safeguards of economic criminal law, as it protects not only entrepreneurial investment in innovation and distinctiveness, but also market trust and fair competition.

    The criminal protection of industrial property constitutes one of the fundamental safeguards of economic criminal law, as it protects not only entrepreneurial investment in innovation and distinctiveness, but also market trust and fair competition.

    The regulatory system, structured between the Criminal Code and the Industrial Property Code (Legislative Decree 30/2005), protects in particular:

    • trademarks and other distinctive signs
    • patents for invention and utility models
    • industrial designs and models
    • geographical indications and designations of origin
    • trade secrets
    • other registered industrial property titles

    Criminal protection is not limited to defending the property interest of the right holder, but safeguards public trust, market integrity and the fairness of economic relations.

    In a highly competitive production and commercial context such as Milan's, counterfeiting allegations can significantly affect corporate reputation, operational continuity and the company's financial stability.

    The technical and timely management of criminal proceedings therefore assumes strategic importance.

    Competenze correlate

    Bancarotta e Reati della Crisi d'ImpresaReati TributariReati PrevidenzialiResponsabilità Amministrativa degli Enti – D.Lgs. 231/2001Reati Societari, Finanziari e di MercatoRiciclaggio e Reati Economico Patrimoniali

    Approfondimenti correlati

    Estradizioni e Mandati di ArrestoMandato di arresto europeo (MAE): radicamento in Italia e rifiuto della consegnaRiciclaggio e Reati Economico PatrimonialiConfisca a metà: la Cassazione boccia la doppia motivazione su profitto e sproporzioneRiciclaggio e Reati Economico PatrimonialiSequestro su rogatoria estera: l'art. 724 c.p.p. alla prova della Corte costituzionale

    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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