COUNTERFEITING: CIVIL AND CRIMINAL PROTECTION OF INDUSTRIAL PROPERTY
Technical patent legal assistance in civil and criminal cases in the fight against infringement of industrial property rights.
“The expression industrial property includes trademarks and other distinctive signs, geographical indications, appellations of origin, designs, inventions, utility models, topographies of semiconductor products, confidential business information and new plant varieties.”
What Italian and EU law say about counterfeiting
Counterfeiting is a multi-offense offense to be effectively combated. The matter finds regulation at the national, European and international levels in agreements (TRIPS) and treaties that aim to harmonize domestic laws that guarantee minimum standards for the protection of industrial property.
At the national level, the reference legislation is the Industrial Property Code (IPC), which has introduced into our legal system an organic and structured regulation on the subject that intervenes on a number of codictic provisions: the Civil Code and the Criminal Code contain a series of provisions that supplement and flank the IPC.
How Massa Law Firm can help
Border-seizure & customs actions
Petition to the Italian Customs Agency and EUROPOL to block imports; liaison with EU Regulation 608/2013 procedures.
Civil litigation & urgent measures
Search-and-seizure under Art. 129 IPC, descriptive injunctions and preliminary injunctions before the IP Court of Venice–Veneto.
Criminal complaints & private prosecution
Drafting of complaints under Arts. 473–474 Criminal Code; coordination with finance police; victim assistance at trial.
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