News
Possession of clothing with counterfeit trademarks: the conduct may be not punishable
- 27/11/2017
With Judgment no. 48109 of 18th October 2017, the Court of Cassation has stated that the possession for sale of clothing with counterfeit trademarks constitutes the crime set forth in article 474 of the Italian Criminal Code (introduction into the Country and marketing of products with counterfeit signs).
The purpose of the said provision is the protection of the reliance of citizens on trademarks and distinctive signs. Therefore, the crime at issue is committed also when the imitation of a trademark or of a distinctive sign is so readily and clearly identifiable that no buyer can be actually misled as to the illegal provenance of the product at issue.
Nevertheless, the readily and clearly identifiable counterfeiting of a product may be suitable to highlight that the criminal conduct was so tenuous that it deserves to be declared not punishable pursuant to article 131 bis of the Criminal Code.
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