Countering the Counterfeiters - 25/11/2009

The Italian government takes very seriously the worldwide battle against the counterfeiting of established brands. Such is the popularity of Italian brands, in particular the luxury brands, they are frequently targeted by counterfeiters. In an effort to bring more balance to the law there have been significant changes to the penalties for a whole spectrum of infringements including increasing the punitive sanctions for offences deemed to be criminal. European Member States must comply with their community obligations and provide penalties, both financial and penal, that are sufficiently robust that they will act as a strong deterrent.

The fine for trade mark infringement has been raised from 2,065 euros to a maximum of 25,000 euros, for design and patent rights infringement it has been raised to 35,000 euros whilst the maximum term of imprisonment for the same offence is now four years, an increase of one year with a three year maximum prison term for offences involving trade marks. There has also been a significant uplift in the penalties for trading under a false trade mark or sign which is now punishable by a maximum of four years imprisonment and a fine of up to 35,000 euros. Two additional offences have been introduced which relate only to food.

With £8 billion globally vanishing into the counterfeiters' pockets each year the scale of the problem cannot be underestimated. It is truly a worldwide battle complicated by the fact that the economies of some third world countries are being shored up by such "black market" activities which, in turn, drastically erodes the economies of the more advanced countries.

The voracious consumption of luxury brands in the western world is fuelled by a media that delivers the constant message that self esteem depends on the prestige of your possessions, thus creating a circle of desire that is often beyond the consumers financial capacity to fulfil which then fuels the counterfeit trade keeping the counterfeiters busier than the genuine brand manufacturers.

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