Criminal Protection of Trademarks and Industrial Property

In today's economic landscape, the protection of intangible assets is not merely a matter of civil competition but directly impacts the realm of criminal law. When discussing intellectual property offenses, we refer to a range of illicit conduct, from the counterfeiting of trademarks and patents to the importation and sale of products bearing false marks. As a criminal lawyer specializing in business law in Milan, Avv. Marco Bianucci understands that receiving a notice of investigation for these offenses, or suffering the infringement of one's proprietary rights, requires an immediate and technically impeccable response. Italian legislation is stringent in punishing those who undermine public trust in the authenticity of products, and consequences can include significant custodial sentences, seizure of goods, and damages compensation.

The Regulatory Framework: Counterfeiting and Trade in Counterfeit Products

The Italian Penal Code provides for specific criminal offenses to protect public trust and industry. The primary articles of reference are Art. 473 c.p., which punishes the counterfeiting, alteration, or use of trademarks or distinctive signs, or patents, models, and designs, and Art. 474 c.p., which penalizes the importation into the State and trade of products bearing false marks. It is crucial to understand that for these offenses to be established, it is often necessary to demonstrate intent, i.e., awareness of the falsity of the mark. Jurisprudence, including that of the Milan courts, has repeatedly clarified the boundaries between simple slavish imitation (relevant in civil proceedings) and criminally relevant counterfeiting, which must be capable of deceiving the average consumer. Furthermore, the legislation also extends to the protection of works of the mind and copyright, creating a complex system where technical defense plays a crucial role.

Bianucci Law Firm's Approach to Criminal Defense in Business Matters

Avv. Marco Bianucci's approach, as an expert lawyer in industrial property offenses in Milan, is based on a rigorous analysis of the constituent elements of the alleged crime. The defense strategy is not limited to the mere interpretation of the law but often involves the assistance of expert technical consultants to examine the quality of the counterfeiting: if the forgery is 'crude' and not capable of deceiving anyone, the crime may not exist (the so-called impossible crime). Bianucci Law Firm assists both entrepreneurs accused of marketing irregular goods, working to demonstrate good faith or the absence of the psychological element of the crime, and trademark owners who wish to join the proceedings as civil parties to obtain the punishment of the guilty and compensation for damages. In-depth knowledge of the dynamics of the Milan Court allows for the construction of solid defenses aimed at minimizing the criminal and financial impact on the client.

Frequently Asked Questions

What are the risks if I sell products with a counterfeit trademark?

The sale of products with counterfeit trademarks can constitute the offense provided for by Art. 474 of the Penal Code. Penalties can reach up to two years of imprisonment and substantial fines. However, the penalty varies depending on whether it involves the importation of products into the State (more serious) or simple possession for sale. It is essential to assess whether there was awareness of the falsity of the goods, an element on which an experienced criminal lawyer will work for the defense.

What is the difference between counterfeiting and altering a trademark?

Counterfeiting occurs when a trademark is reproduced in such a way as to be confused with the original, creating deception about the product's origin. Alteration, on the other hand, occurs when the original trademark is partially modified, but in such a way as to still be capable of causing confusion. Both actions are criminally relevant under Art. 473 c.p. and require accurate technical defense to distinguish the legal nuances.

Am I criminally liable if I purchase counterfeit goods for personal use?

The purchase of counterfeit goods for exclusive personal use, without commercial intent, has been decriminalized and transformed into an administrative offense. This means you do not risk a criminal trial but a monetary penalty (fine) which can be very substantial. However, if the purchase is substantial and suggests subsequent resale, it falls within the scope of the crime of receiving stolen goods or trading in counterfeit products.

How does one defend against an accusation of patent infringement?

Defense in cases of patent infringement accusations is highly technical. It is often necessary to demonstrate the invalidity of the other party's patent or the prior art of one's own invention. Avv. Marco Bianucci collaborates with industrial property consultants to demonstrate that the product in question does not infringe the claims of the registered patent, aiming for acquittal because the act does not exist or does not constitute a crime.

Request a Legal Consultation in Milan

If your company is involved in investigations for intellectual property offenses or if you need to protect your trademark from counterfeiting, it is crucial to act promptly. Contact Avv. Marco Bianucci for a preliminary assessment of your legal position. Bianucci Law Firm awaits you at its Milan office, at Via Alberto da Giussano 26, to define the best defense strategy to protect your business and your freedom.