Alientech is constantly on the front line for improving and strengthening the fight against counterfeiting and piracy of its Hardware and Software, either on internal and international markets. Counterfeiting and piracy have become a phenomenon that, in addition to having serious economic and social impacts, jeopardize the proper market functioning and consumer protection, in particular as regards the health and public safety. This situation leads to trade detraction and distortion of competition, which in turn cause a loss of confidence in the internal market and a decrease in investment.
► LAWS
Laws applying to people who buy counterfeit customer goods
PENAL CODE Art. 648 – Handling stolen goods.
PENAL CODE Art. 648-ter - Use of money, goods or assets of illicit origin.
Laws applying to people who sell counterfeit customer goods
Copyright Laws
Law 22.04.1941 n° 633 , G.U. 16.07.1941
DIRECTIVE 2004/48/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 29 April 2004 on the reinforcement of intellectual property rights
Industrial property Code
Legislative Decree 10.02.2005 n° 30 , G.U. 04.03.2005
Reinforcement Directive- Intellectual property
Legislative Decree 16.03.2006 n° 140 , G.U. 07.04.2006
► DEFINITION OF COUNTERFEITING (source: Italian Financial Guard)
The term counterfeiting refers to a whole series of phenomena essentially attributable to:
• production and marketing of customer goods bearing - illegally - a mark which is identical to a registered trademark;
• production of goods that are unlawful reproductions of copyrighted - a phenomenon better known by the name of "piracy" - models or drawings.
It is the activity of those who imitated a product so that it can be mistaken for the original, with particular regard to all those behaviors in violation of the right to intellectual property and / or industrial (trademarks and brands , patents, utility models, industrial designs, geographical indications, designations of origin, copyright, etc.).
The term "Counterfeit customer goods" describes:
• goods, including packaging to which has been applied - without authorization - a fake trademark or logo identical to the trademark validly registered for the same type of goods, or that cannot be distinguished in its essential aspects from the original trademark or logo and therefore these goods infringe the rights of the copyright holder;
• any trademark symbol (including logo, label, brochure etc..), even if presented separately, that falls under the same situation above described;
• packaging materials bearing trademarks of counterfeit goods presented separately, that falls under the same situation as above.
► EFFECTS OF COUNTERFEITING (source: Italian Financial Guard)
Negative effects of the phenomenon are numeral and affect different interests, public and private.
In fact, “imitation” leads to:
• an economic damage to business companies related to lost sales, reduced turnover, loss of image and credibility, significant costs endured for the protection of industrial property rights at the expense of investments and business initiatives (many companies rely on the help of investigative agencies);
• a damage and / or a danger to customers connected to the intrinsically product safety, especially in certain sectors such as pharmaceuticals (counterfeit drugs have caused the death of patients), automotive (non-original spare parts have caused fatal accidents) and food (with intoxications of various nature). Counterfeiting, in fact, misleads customers as it debases the typical function of the trademark, which is to guarantee the commercial origin of products (so-called distinctive function);
• a social damage associated with the exploitation of vulnerable people (unemployed, or, mainly, non-EU citizens) hired through a real racket of undeclared work, with contributions evasion and without insurance coverage, and the consequent loss of employments;
• a damage to public treasury through VAT and tax revenue evasion. The marketing of counterfeit products, in fact, takes place through a circuit parallel to the conventional one, with total evasion of direct and indirect taxes;
• a damage to the market consisting in altering its operation through unfair competition based on lower production costs. Innovation is one of the main factors of sustainable growth for companies and economic prosperity for the entire community. Companies must constantly improve or renew their products if they want to keep or gain market share. Counterfeiting leads to a loss of confidence in the market as a space for the development of business activities and the protection of companies rights. This situation has the effect of discouraging the creators and inventors, endangering innovation and creation as well as business competitiveness;
• the re - investment of substantial profits from this illegal activity in other in criminal activities (construction, drugs, weapons) by criminal organizations. In fact, only a small part of the incomes ends in the pockets of the last link in the chain, represented mainly by non-EU citizens. Most of the revenue, instead, falls into the hands of criminal gangs organizing the huge traffic of counterfeit goods.
► PETITIONS AND LEGAL ACTIONS
► 06 October 2012
"LEGAL ACTION"
PROCURA DELLA REPUBBLICA PRESSO IL TRIBUNALE DI ALESSANDRIA
► 18 June 2012
"LEGAL ACTION"
PROCURA DELLA REPUBBLICA PRESSO IL TRIBUNALE DI ALESSANDRIA
► 06 April 2012
"Letter from lawyer's office"
► 02 April 2012
"Letter from lawyer's office"
