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    Trademark Counterfeiting (Art. 473)

    Article 473 of the Criminal Code punishes anyone who, being able to know of the existence of the industrial property title, counterfeits or alters trademarks or other distinctive signs, national or foreign, or uses them without having participated in the counterfeiting or alteration.

    Counterfeiting of Trademarks and Distinctive Signs (Art. 473 Criminal Code)

    Article 473 of the Criminal Code punishes anyone who, being able to know of the existence of the industrial property title, counterfeits or alters trademarks or other distinctive signs, national or foreign, or uses them without having participated in the counterfeiting or alteration.

    The offence also extends to the counterfeiting or alteration of patents, designs and industrial models.

    The penalty can reach up to four years of imprisonment in the most serious cases, with the application of pecuniary sanctions and, where the conditions are met, precautionary measures such as the preventive seizure of products and means used for production.

    Protected legal interest

    The protected legal interest is not only the exclusive right of the trademark holder, but public trust, understood as the collective reliance on the genuineness of distinctive signs placed on the market.

    What matters is the capacity of the reproduction to generate confusion according to the average consumer criterion, i.e., a normally informed person without specific technical expertise.

    Strategic defence profiles

    In application practice, the dividing line between criminally relevant conduct and civil law disputes lies in:

    • in the actual existence of confusion
    • in the validity and enforceability of the industrial property title
    • in the agent's awareness of the existence of the protected right

    Counterfeiting and Alteration: legal distinction

    Counterfeiting occurs when there is a complete or substantially coinciding reproduction of the distinctive sign, such as to appropriate the essential identifying elements of the trademark or industrial property title.

    Alteration occurs when the reproduction is only partial or modified, but still capable of generating a concrete risk of confusion in the public regarding the origin of the product.

    In cases of famous or highly renowned trademarks, the attractive and distinctive force of the sign extends the area of criminal protection: even use in different product sectors can be capable of generating undue association and exploitation of reputation, with consequent criminal relevance.

    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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