Leader for 30 years in Investigations in Italy
From
30 years
We are Leaders in Investigations in Italy
This is How everyone knows our name
Agenzia Investigativa delle Alpi
Trademark counterfeiting
Investigations for trademark counterfeiting, when to contact an investigative agency.
Since 1992, the Alpine Investigation Agency has specialized in investigations for companies, with particular reference to the resolution of corporate and managerial problems such as trademark counterfeiting. The Alpine Investigation Agency has been working for 30 years in the fight against trademark counterfeiting and in the protection of registered trademarks. The investigative activity carried out is reported in an investigative report, valid during the judgement.
WHAT IS BRAND COUNTERFEITING
What does Counterfeiting mean? Counterfeiting means reproducing something. This aims to reproduce a trademark or distinctive sign to deceive the public. Counterfeiting a good or product means reproducing it in such a way as to induce a third party to think that it is original. What can the owner of the exclusive right do? He must watch over his right. Any violations, even partial, must be identified in order to be able to take action before the competent judge to request appropriate protection.
The Penal Code punishes the counterfeiting or incorrect use of the so-called distinctive signs (company, sign and trademark), sanctioned by art. 473. Likewise, art. 474 punishes the importation and marketing of products and services with the counterfeit brand. Subsequent articles, such as art. 517 ter, sanction cases of products put on the market with false trademarks and the counterfeiting of goods produced in violation of industrial property rights.
Pursuant to Art. 473 of the Penal Code "Whoever, knowing of the existence of the industrial property right, counterfeits or alters national or foreign trademarks or distinctive signs of industrial products, or whoever, without participating in the counterfeiting or alteration, uses such trademarks or counterfeit or altered signs, is punished with imprisonment from six months to three years and with a fine from 2,500 euros to 25,000 euros." . This article in the second paragraph establishes that: "Whoever counterfeits or alters national or foreign industrial patents, designs or models, or without having participated in the or alteration, makes use of such counterfeited or altered patents, designs or models."
TRADEMARK COUNTERFEITING: THE OBJECT OF THE CRIME
When we talk about trademark counterfeiting and patent protection, how can we identify the object of the crime? Article 473 of the Criminal Code identifies within the first and second paragraphs the following elements respectively as the object of the crime: national or foreign trademarks or distinctive signs of industrial products and national or foreign industrial patents, designs or models.
DIFFERENCE BETWEEN REGISTERED TRADEMARK AND UNREGISTERED TRADEMARK
- Registered Trademark: registered at the competent office, for example the Trademark and Patent office, according to the established procedures. The trademark owner has an exclusive right to use the trademark and this facilitates the defense of the same from counterfeiting or infringement actions. The owner of the trademark has the exclusive right of use throughout the national territory. Unregistered trademark: it is a trademark that enjoys less legal protection, this can lead to greater problems from the point of view of protection, the unregistered trademark can be more subject to counterfeiting actions as well as being subjected to the risk of being registered by a third party.
THE NUMBERS OF COUNTERFEITING
As reported in an article in Sole24Ore "Brand counterfeiting is a global business worth 32 billion". This article refers to 2018 estimates carried out by the OECD "The OECD findings on counterfeiting and piracy - according to the focus dedicated precisely to the impact on Made in Italy - show that the world trade of counterfeit products that violate Italian registered trademarks has exceeded 30 billion euros (exactly we are at 32 billion), equal to 3.6% of the total sales of the Italian manufacturing sector between domestic and export." Again according to the OECD, "6 out of 10 fakes went to consumers who were aware they were buying fake products. The remaining share, however, went to those who believed they were buying originals and often, if the product is well counterfeited, they might not notice, even after the purchase, that the product is not original."
Click here to read the complete article from Sole24Ore: "Counterfeiting of Made in Italy is a global business worth 32 billion"
Brand Counterfeiting: the role of the Investigative Agency
The Alpine Investigation Agency has been carrying out investigations for trademark counterfeiting since 1992, acquiring data and evidence to be used in the appropriate courts. Operating at 360°, the investigations are coordinated in line with the needs of the client, aware that the fraudulent aspect of the behavior must be demonstrated. The investigative actions are carried out to identify the intent of the illicit act, with these assumptions the investigations for trademark counterfeiting are initiated, in order to reconstruct the production process aimed at marketing the counterfeit product and identifying the perpetrators.
At the end of the investigations, an investigative report is drawn up which can be produced in court. This is done by combining investigative technologies (OSINT Investigation Technologies and remote satellite tracking systems) and teams of professional investigators and trackers.
Request Information on Trademark Counterfeiting Investigations
Contact us
We have the largest number of certificates
Our Operational Offices
Articles related to Trademark Counterfeiting Investigations:
CONTACT US
Contact us
You might also be interested in
Agenzia Investigativa delle Alpi
CONTACT US
agenzia-delle-alpi.it/agenzia-investigativa-torino
DPO (Data Protection Officer): ARGO BUSINESS SOLUTIONS srl - dpo.investigazioni@argobs.com - 011.19.11.53.59 | Informativa Privacy