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    Usurpation of Industrial Property Titles (Art. 517-ter)

    Article 517-ter of the Criminal Code governs the offence of manufacturing, using or marketing goods produced in violation of an industrial property title, in the absence of counterfeiting or alteration of the trademark under Article 473.

    Usurpation of Industrial Property Titles (Art. 517-ter Criminal Code)

    Article 517-ter of the Criminal Code governs the offence of manufacturing, using or marketing goods produced in violation of an industrial property title, in the absence of counterfeiting or alteration of the trademark under Article 473.

    Protected legal interest

    Unlike Article 473, which protects public trust and consumer reliance, Article 517-ter primarily protects the assets of the holder of the exclusive right. The difference is not merely theoretical, but directly affects the legal classification of the fact and the approach to defence.

    Distinction from counterfeiting

    • Art. 473 requires conduct capable of generating confusion and harming public trust
    • Art. 517-ter disregards consumer confusion and concerns the unlawful economic use of another's title

    The correct identification of the applicable offence is central to the defence strategy, as it affects: the penalty; procedural requirements (complaint-based for Art. 517-ter); the aggravating circumstances regime; possible absorption into more serious offences.

    Operational profiles

    In practice, the boundary between criminally relevant counterfeiting and mere usurpation of title is often subject to technical dispute, requiring: analysis of the industrial property title; verification of the scope of the exclusive right; ascertainment of the existence of confusion; assessment of the concrete offensiveness of the conduct.

    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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