CRIMINAL TRADEMARK OR PATENT VIOLATION AT THE FAIRS IN MILAN | SECURING OR FREEZING EVIDENCE, PREVENTIVE CONFISCATION ORDER IN MILAN
Dimarco & Partners International Law Firm
Our Criminal Lawyers in Milan are expert in obtaining securing evidences, freezing evidences and preventive confiscation orders in Milan. It happens very often during the fairs in Milan (for example HOMI, MICAM, MIPEL, SIMAC, TANNING TECH, MIDO, MADE EXPO, EUROLUCE, SALONE INTERNAZIONALE DEL MOBILE, MADE IN STEEL, LAMIERA) that one exhibitor counterfeits and shows some items which are a clear infringement of registered trademarks or patents rights. The fairs/exhibitions are the crucial moment for a company to show their products, their machine and to get new potential orders or Clients.
The question is: what do I do if someone during a fair copies my patent or my trademark? The criminal code, concerning the patent and trademark infringements, at its article 473 explains that if anyone counterfeit someone else's intellectual property rights, may be condemned until 3 years of prison and with a fine between 2.500,00 and 25.000,00 euros. The punishment may be also increase in case of using them.
Considering that the exhibitions are quite short (normally they last few days), it is important to take an immediate action to stop the selling or the exhibition of items or machines which are counterfeit.
The only measure that may guarantee in most of the circumstance an high speed is to provide a criminal claim to the court requesting the application of the following provisions:
Of course we may act also in intellectual property cases that do not involve a specific fair as for example cases in which the Client has concrete elements to show the Court that a competitor is violating his trademark or patent and the sequestration may be required at the warehouse of the other party. We operate in all the Italian cities.
We look forward to cooperate with you.