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Home > Information IP > Trademarks > Defence > Criminal action
8b. Criminal action
Criminal infringement

Infringement in a penal sense is defined following art. 8 of the law dated 01/04/1879. This consists in the fact of reproducing the trademark in itself, even if this reproduction remains unused.

Fraudulous intent or special aims (namely : illicit intention, the infringer being fraudulous and wicked) are necessary.

Parody cannot be punished through penal action.

Criminal sanctions

Different penal sanctions have been foreseen in cases of infringement, varying from imprisonment or fines to the destruction and seizure of the counterfeit products.