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    Defence Strategy and Legal Aid

    In Milan's industrial and commercial context — characterised by international supply chains, multi-level distribution and strong exposure to customs and regulatory controls — counterfeiting proceedings can directly and immediately affect: corporate reputation and market reliability; relationships with distributors, partners and commercial platforms; production and logistics continuity; brand value and protection; relations with customs authorities and regulatory bodies.

    Strategic Implications for the Company

    In Milan's industrial and commercial context — characterised by international supply chains, multi-level distribution and strong exposure to customs and regulatory controls — counterfeiting proceedings can directly and immediately affect: corporate reputation and market reliability; relationships with distributors, partners and commercial platforms; production and logistics continuity; brand value and protection; relations with customs authorities and regulatory bodies.

    The technical and timely management of proceedings is often decisive in preventing or containing: paralysing preventive seizures of goods and facilities; extensive confiscation of profit and capital assets; bans or suspensions of commercial activity; hardly reversible reputational damage.

    Legal Aid's Intervention

    Defence in proceedings for counterfeiting offences and industrial property violations requires specialist expertise combining economic criminal law, exclusive rights regulation and precautionary risk management.

    • solid criminal law expertise in offences against public trust and industrial property
    • technical knowledge of trademark, patent, design and model regulation
    • ability to distinguish between criminally relevant counterfeiting and civil law disputes
    • strategic management of preventive seizures and real measures
    • coordination with industrial technical consultants and specialised experts
    • integration with defence under Legislative Decree 231/2001 when the company is involved

    Summary

    The criminal law system of industrial property is structured on multiple levels of protection, each functional to the protection of distinct but interconnected interests:

    • the protection of public trust and market reliance (Arts. 473 and 474)
    • the property protection of the industrial exclusive right holder (Art. 517-ter)
    • consumer protection against misleading signs (Art. 517)
    • the safeguarding of national industry (Art. 514)

    In corporate criminal law, the correct legal classification of conduct often constitutes the dividing line between criminal liability and civil dispute, between violation of public trust and mere conflict between right holders. It is on this fine line that the quality of specialist assistance is measured.

    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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