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    Trade in Products with False Signs (Art. 474)

    Article 474 of the Criminal Code punishes anyone who, for the purpose of profit, introduces into the territory of the State industrial products bearing counterfeited or altered trademarks or other distinctive signs.

    Introduction into the State and Trade in Products with False Signs (Art. 474 Criminal Code)

    Article 474 of the Criminal Code punishes anyone who, for the purpose of profit, introduces into the territory of the State industrial products bearing counterfeited or altered trademarks or other distinctive signs.

    The offence also includes: possession for sale; offering for sale; distribution or placing in circulation of products bearing false signs.

    The qualifying element is the purpose of profit, understood as an economic advantage even if indirect. Criminal liability exists even when the person has not materially participated in the counterfeiting of the trademark, the conscious placing on the market of products bearing counterfeit signs being sufficient.

    Precautionary and asset profiles

    • preventive seizure of products
    • seizure of machinery and logistics facilities
    • mandatory confiscation of profit
    • possible application of aggravating circumstances in case of organised activity

    For companies operating in distribution, importation or international trade, criminal risk can also arise from inadequately controlled supply chain management.

    Relevance for entity liability

    When the conduct is committed in the interest or to the advantage of the company by senior or subordinate persons, administrative liability of the entity may arise under Legislative Decree 231/2001, with the application of pecuniary and interdictive sanctions.

    In this context, supplier traceability, quality control procedures and internal verification safeguards assume decisive importance both preventively and in defence.

    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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