Protection of Industrial Property Against Counterfeiting
Discovering that a competitor is producing, selling, or importing a product that infringes your patent or utility model represents a direct threat to the value of your company and the research and development investments you have made. Infringement of industrial property rights, commonly known as counterfeiting, is not only an act of unfair competition but an offense that the Italian legal system severely penalizes. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci understands the urgency of intervening promptly to stop the illicit activity and obtain fair economic compensation for the prejudice suffered.
The Industrial Property Code (Legislative Decree 30/2005) provides the necessary legal tools to defend innovation. The law stipulates that the holder of the infringed right can take action not only to obtain the immediate cessation of the illicit conduct, through an injunction, but also to claim full compensation for damages. This includes both emergent damages, i.e., expenses incurred to counter the infringement, and lost profits, understood as the loss of earnings resulting from the presence of counterfeit products on the market. In many cases, the legislation also allows for the claim of profit disgorgement, i.e., the restitution of profits made by the infringer due to the illicit activity.
The Bianucci Law Firm's Approach to Patent Defense
Facing a patent infringement lawsuit requires a meticulous procedural strategy, combining legal and technical expertise. The approach of Avv. Marco Bianucci, an expert lawyer in damages compensation and industrial law, always begins with an in-depth preliminary analysis of the patent's validity and the actual interference of the competitor's product. At the office in via Alberto da Giussano in Milan, each case is handled with the primary objective of protecting the client's market position.
The defense strategy often involves two phases. An urgent precautionary phase, aimed at obtaining immediate measures such as description, seizure of counterfeit products, or an injunction against marketing, which are crucial for crystallizing evidence and stopping revenue loss. Subsequently, the proceedings move to the merits phase for the quantification and liquidation of damages. Avv. Marco Bianucci collaborates with qualified technical consultants to precisely determine the economic extent of the prejudice, ensuring that the compensation claim is solid and well-documented, maximizing the chances of success in court or through settlement.
Frequently Asked Questions
What is the difference between patent and utility model infringement?
Although both protect technical innovation, an invention patent protects a new and original solution to a technical problem, while a utility model protects a shape or combination of parts that gives a particular effectiveness or convenience of application to already known machines or tools. The legal protection is similar, but the validity requirements and the duration of protection differ. Legal action for damages compensation applies in both cases if there is unauthorized use.
How is the amount of damages compensation calculated?
Compensation must cover all the prejudice suffered. The judge assesses emergent damages and lost profits. For lost profits, the profit margin that the owner would have obtained by selling the products if there had been no counterfeiting can be considered, or a reasonable royalty that the infringer should have paid to obtain a license can be calculated. Alternatively, the owner can claim the restitution of profits made by the infringer, if these exceed the loss of earnings.
Is it possible to immediately stop the sale of counterfeit products?
Yes, it is possible to act urgently. Through a precautionary application, the Business Court can be asked to issue an injunction order prohibiting the production, marketing, and advertising of the contested products, often accompanied by a penalty for each future violation. This tool is essential to limit damages while the merits judgment is pending.
What happens if the infringer claims not to know about my patent?
Good faith in the field of industrial property is difficult to invoke, especially among professional operators in the same sector. Patents and utility models are registered in public, searchable registers. The law presumes that a diligent entrepreneur should verify the existence of others' rights before launching a product. Therefore, ignorance of the patent's existence usually does not exempt from damages compensation.
Protect Your Innovation with Avv. Marco Bianucci
If you suspect an infringement of your industrial property rights or need to defend your patent from counterfeiting attempts, it is crucial to act quickly and competently. Avv. Marco Bianucci is available to assess your case and define the best protection strategy.
Contact the firm to schedule an appointment at the Milan office.