Post by account_disabled on Nov 22, 2023 19:49:36 GMT -8
Includes the cases of unfair competition , provided for by the civil code, and counterfeiting, provided for by art. 473 of the criminal code. The art. 473 of the Criminal Code not only punishes the person who violates industrial property rights, but also punishes those who use the counterfeit goods, despite not having contributed to the counterfeiting. Article 473 of the Criminal Code also provides for the case of trademark alteration : in this case the original distinctive sign is taken and modified. At a legal level, these requirements are necessary for the crime of trademark counterfeiting to occur : on a subjective level, one orientation states that in order to talk about trademark counterfeiting, generic intent is necessary.
the awareness that the trademark is registered added to the desire to falsify it. However, according to another Phone Number List part of the doctrine, in order to be able to speak of trademark counterfeiting, intent mixed with negligence is sufficient , so that the crime exists both if the counterfeiter knows that the trademark is registered and if he believes that it is not registered. The objective requirements for the crime to be committed are: reproduction of the trademark in a manner likely to confuse the consumer . Then the counterfeit goods can be exchanged for the original one.
However, jurisprudence has extended the implementation of the offense also to cases in which there is no identity between the registered trademark and the counterfeit trademark, but there is nevertheless a similarity in the essential elements of the trademark, such as to confuse the consumer. For these reasons they do not constitute the case of counterfeiting: the gross fake : it is so obvious that the reproduction is fake, that it cannot fool anyone the harmless fake : counterfeiting, in the concrete case, cannot cause any damage The useless fake : when the result of counterfeiting is a non-existent brand In these 3 cases there is no danger of actual confusion.
the awareness that the trademark is registered added to the desire to falsify it. However, according to another Phone Number List part of the doctrine, in order to be able to speak of trademark counterfeiting, intent mixed with negligence is sufficient , so that the crime exists both if the counterfeiter knows that the trademark is registered and if he believes that it is not registered. The objective requirements for the crime to be committed are: reproduction of the trademark in a manner likely to confuse the consumer . Then the counterfeit goods can be exchanged for the original one.
However, jurisprudence has extended the implementation of the offense also to cases in which there is no identity between the registered trademark and the counterfeit trademark, but there is nevertheless a similarity in the essential elements of the trademark, such as to confuse the consumer. For these reasons they do not constitute the case of counterfeiting: the gross fake : it is so obvious that the reproduction is fake, that it cannot fool anyone the harmless fake : counterfeiting, in the concrete case, cannot cause any damage The useless fake : when the result of counterfeiting is a non-existent brand In these 3 cases there is no danger of actual confusion.