The protection of your ideas
Discovering that your trademark is being used without authorization, that a patented product has been counterfeited, or that an original design has been copied represents a serious violation not only economically, but also of the intellectual heritage built with years of work and investment. This situation can generate a deep sense of frustration and concrete damage to your business, undermining your position in the market. Understanding how to act to stop the infringement and obtain fair compensation is the first step in defending what is yours. As a lawyer specializing in damages compensation in Milan, Avv. Marco Bianucci assists entrepreneurs and creatives in protecting their most valuable assets.
The Regulatory Framework: Trademarks, Patents, and Designs in Italy
Intellectual and industrial property is a legal asset protected by a set of rules, mainly collected in the Industrial Property Code (Legislative Decree 30/2005). This legislation grants the owner of a trademark, an invention patent, or a registered design an exclusive right of use. Counterfeiting, i.e., illicit and unauthorized reproduction, and usurpation of these rights constitute a civil offense that gives rise to specific legal actions. The law has a dual objective: on the one hand, to prevent the continuation of the harmful conduct and, on the other, to compensate the owner for all damages suffered, both in terms of direct losses and lost profits.
The Approach of Studio Legale Bianucci to the Protection of Your Intellectual Property
The approach of Avv. Marco Bianucci, a lawyer specializing in damages compensation in Milan, focuses on a pragmatic, multi-level strategy aimed at achieving concrete results in the shortest possible time. The first step involves a detailed analysis of the violation to gather the necessary evidence to support legal action. Subsequently, a formal notice is sent to the opposing party, demanding the immediate cessation of the illicit conduct. If the notice is ineffective, the most appropriate legal actions are initiated, which may include requesting an urgent injunction to halt the production and marketing of counterfeit products. In parallel, the action for damages compensation is built, precisely quantifying the economic prejudice suffered. This includes not only actual damages (direct losses) but also lost profits (unearned income) and, in many cases, the disgorgement of profits made by the counterfeiter.
Frequently Asked Questions
How is the violation of a trademark or patent proven?
Proof of violation is based on documentary and factual evidence. It is necessary to demonstrate ownership of the industrial property right (through registration certificates), the prior existence of one's own creation, and the likelihood of confusion or identity between one's own sign/product and the counterfeit one. Technical expert reports, purchase receipts, photographs, testimonies, and market analyses can be useful to demonstrate actual usurpation and the damage suffered.
What does it mean to obtain an injunction?
An injunction is an order issued by the judge that compels the counterfeiter to immediately cease all activities infringing intellectual property rights. This means, for example, stopping production, withdrawing counterfeit products from the market, and refraining from any future use of the trademark or patent. It can often be obtained urgently, before the conclusion of the merits case, to prevent the damage from worsening.
How is damages compensation for counterfeiting calculated?
The calculation of damages is complex and based on various criteria established by law and case law. The judge may award damages taking into account all negative aspects suffered by the owner, including loss of profits. Alternatively, they may determine that the compensation should be equal to the amount the counterfeiter would have had to pay for a license (the so-called 'price of consent') or may order the disgorgement of profits earned by the infringer. In addition, non-pecuniary damages, such as damage to the brand's image and reputation, may be added.
Request a Consultation for the Protection of Your Intellectual Property
If you believe your intellectual property rights have been violated, it is crucial to act promptly to limit damages and reassert your exclusivity. Relying on a lawyer specializing in damages compensation is the first strategic step to protect your work and obtain fair economic redress. Avv. Marco Bianucci and Studio Legale Bianucci in Milan offer an in-depth analysis of the case to define the most effective legal strategy and protect your interests. Contact the firm, located at Via Alberto da Giussano, 26, for an assessment of your situation.