Italy: 意大利假冒伪造商品罪:处刑,罚款,刑法第473条和第474条的所有相关内容

Last Updated: 17 April 2019
Article by Arnone & Sicomo
Most Read Contributor in Italy, August 2019

假冒伪造商品罪:刑法第 473条和第474 条所规定的处罚和制裁,以及在哪些情况下可以进行干预以获得补偿。阅读相关信息。

什么是假冒伪造商品罪,如何立定罪行

假冒伪造商品罪,按照第473条和第474条(刑法典)规定,所指的主要是有损于世界经济的犯罪行为,无论受影响的是哪种类型的生产部门。

在意大利的法律系统中开展打击假冒伪造商品,旨在处理非法贩运假冒商品的问题,包括从第三国到达意大利的商品,在其他欧洲国家已经清报关税的商品,以及在本国领土内生产的商品。

针对这个问题,欧盟采用了一种有效统一的工具,据此可以拦截进出任何欧盟国家的假冒和伪造产品,随后由海关当局扣押货物。

海关稽查针对以下情况下的货物:

  1. 假冒伪造商品,即

    • 在商品上贴有与其他有效注册商标相似的产品商标,或者不能轻易区分两者的区别;
    • 在商品上附有与某欧盟成员国地理标志相关的受保护名称/术语,侵犯了该成员国的商品地理标志;
    • 包装,标签,贴纸,招股说明书,信息表,保修文件和任何其他类似的侵犯商标或地理标志的元素,使用了与其他注册商标或受保护地理标志相同的符号/名称/术语,或者根本不法区分。
  2. 权商品,代表或包含了未经权利持有人同意而制作的副本,在商品所在的欧盟成员国侵犯了版权或相关权利,商品设计权或型号权;

    • 涉嫌侵犯知识产权的商品;
    • 根据海关当局的规定从放行或封锁之日起 最多20后会变质的易腐货物;
    • 小件货物。

假冒伪造商品罪:规定了哪些惩罚?

假冒伪造商品是一种 经济犯罪,可由任何人施行,包括知道工业产权所有权,仍然伪造或变更工业产品品牌或特殊标志(国内或国外)的人,以及使用此类伪造、变更商标标志的人。

刑罚为6个月至3年监禁,罚款2,500.00欧元至2,000.00欧元。

伪造或变更专利、设计或工业模型的人,即使在不参与伪造的情况下使用前者,可判处1至4年徒刑,罚款3,500.00欧元至35,000.00欧元。

为了更好地理解受惩罚的犯罪行为,最好是记住它们之间的概念差异:

  • 假冒伪造 ,旨在使假冒品牌具有"虚假品质"的行为,从而导致对产品来源的混淆;
  • 篡改,对商标进行部分更改。

受保护的对象是公共信誉,或者更确切地说,是公民/消费者对特定产品的品牌和区分标识的信任。

标注册是犯罪可立案性的基本要素。 [链接: https://arnonesicomo.it/news/66/registrazione-marchio-internazionale ]

根据最高法院最近的一项逮捕令(第14090/2015号裁决),即使假冒产品是劣质的,因此货物显然是假的,但该罪行仍被认为是可立案和应受惩罚的。事实上,这是一种 危害犯罪,所以其立案不受到欺诈实现的约束。

假冒伪造商品罪:向意大利出口假冒商品的海关风险和购买者面临的风险

假冒伪造商品是一种会受到处罚的经济犯罪,即使在进口假冒商品的情况下也会被海关当局执行 扣留。大量缉获各种商品的情况并非不常见,特别是中国制造商品,甚至在头条新闻上都可见到。

对于假冒/篡改商品的购买者,同样有受到高额罚款的风险,最高可达 7,000.00欧元,并可能被指控接收 赃物罪,如果他们购买的目的不是为了个人用途而是转售或转让给第三方。

食品假冒罪

假冒伪造罪行在近年来极大地威胁和破坏到"意大利制造"和意大利经济,还延伸到 食品假冒,旨在以某种品质低劣的食品来替代原产品,并且可能对健康有害。

注意不要与为了获得更大的经济回报,通过改变食品成分进行的食品掺假相混淆。

假冒造假罪:如果伪造商标会有什么后果?

如今,假冒越来越多地引发法律案件,并延伸到各个领域。因此,最好能够了解近期对此类犯罪的越来越严厉的处罚和制裁判决。

最近,最高上诉法院以第33397/2018条判决令,对持有印着CE("中国出口"一词缩写)标志商品并因其标识方式导致消费者错误地将其认作为CE(欧洲共同体)产品标志的行为,判处 贸易欺诈罪(刑法第515条)。

事实上,CE标志(中国出口)与欧洲标志的区别仅在于字母之间的一个微小距离的差别,因此,根据最高法院的规定,这构成了对于消费者的欺骗,使其误认为购买商品的原产地在欧洲,而实际并不符合欧洲标准。

您想了解有关假冒 伪造罪或贸易欺诈罪的更多信息吗?联系我们,请点击这里

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