The Judgment No. 29625 of 2024 and the Assembly of Products with Counterfeit Trademark

The recent judgment No. 29625 of April 19, 2024, by the Court of Cassation has provided important clarifications regarding offenses against public faith, particularly concerning the assembly of products bearing counterfeit trademarks. This issue is highly relevant, especially during a time when the market is flooded with goods of illicit origin. Understanding the distinction between the various articles of the Penal Code is fundamental for anyone operating in the legal, commercial, or industrial sectors.

The Regulatory Context

The judgment in question focuses on two articles of the Italian Penal Code: Article 473, which punishes the assembly of counterfeit products, and Article 474, which regulates the introduction or sale of products with non-original trademarks. The Court established that the assembly of parts of a product, as in the specific case of watches, constitutes the crime referred to in Article 473 and cannot be absorbed into the offense described in Article 474.

Assembly of parts of a product bearing a counterfeit trademark - Crime under Article 473, Penal Code - Configurability - Absorption into the crime under Article 474, Penal Code - Exclusion. In the context of crimes against public faith, the assembly of parts of a product (in this case, watches) bearing a counterfeit trademark, aimed at creating a new object, characterized by the falsehood of the trademark, constitutes the crime referred to in Article 473 of the Penal Code, which cannot be considered absorbed in that referred to in Article 474 of the Penal Code, as the latter concerns the mere introduction into the State or the sale of products bearing a non-original trademark, already complete in all their parts.

The Meaning of the Judgment

This judgment clarifies a crucial aspect: the assembly of counterfeit components is not merely an act of counterfeiting but a specific, distinct, and autonomous crime. The Court emphasized that the assembly creates a new object, which is intrinsically characterized by the falsehood of the trademark. This is important because it implies that those who assemble parts of counterfeit products are subject to more severe criminal penalties than those who merely sell or introduce already complete and counterfeit products.

  • The distinction between Articles 473 and 474 is crucial for the legal qualification of the facts.
  • The criminal consequences vary based on the type of crime committed.
  • Case law supports this interpretation, as highlighted by previous rulings.

Conclusions

In conclusion, judgment No. 29625 of 2024 represents an important step forward in the fight against counterfeiting and the protection of public faith. It clarifies that the assembly of parts of counterfeit products is a stand-alone crime, not absorbed by other criminal offenses. This provides a clearer framework for legal operators and entrepreneurs, emphasizing the importance of complying with current regulations to prevent criminal penalties and safeguard their commercial activities.

Bianucci Law Firm