Counterfeiting is an economic crime which causes serious damage to global economy: it is steadily increasing, it affects businesses and the economies of the developed countries and of the emerging markets, as well as representing a severe threat for the health and safety of the consumer.

Counterfeiting affects almost all manufacturing sectors: pharmaceuticals, food, cosmetics, components and spare parts for cars, toys, clothing, electronic and computer products are often imported and distributed by organized crime with increasingly sophisticated and tricky techniques.

The fight against counterfeiting, which is a priority of the European Union, faces three different situations:

  • counterfeit goods coming from third countries: the entry in the Italian territory is declining due to the stringent checks carried out by the Customs and Monopolies Agency in Italian ports and airports;
  • counterfeit goods cleared through customs in other European countries: they are released for free circulation in a country of the Union only to be destined for consumption in another Member State (the so-called customs procedure 42);
  • counterfeit goods produced in the country: it is usually “high-quality” counterfeits made in well?-equipped factories in which high quality items are manufactured and released in the market by criminal organizations.

Counterfeiting: useful concepts

Intellectual Property: refers to creations of the mind, such as inventions, literary and artistic works, symbols, names, images and designs used in commerce and related to economic exploitation.

IP is divided into two categories:

  • industrial property, including trademarks and other distinctive signs, geographical indications, appellations of origin, designs and models, inventions, utility models, topographies of semiconductor products, confidential business information and new plant varieties;
  • copyright (rights over literary and artistic works) includes literary works such as novels, poems, films, musical compositions; artistic works such as drawings, paintings, photographs and sculpture; and architectural blueprints.

Art. 2 of Regulation (EU) no. 608/2013 (956 KB) defines:

  • counterfeit goods
    • goods which are the subject of an act infringing a trade mark in the Member State where they are found and bear without authorisation a sign which is identical to the trade mark validly registered in respect of the same type of goods, or which cannot be distinguished in its essential aspects from such a trade mark;
    • goods which are the subject of an act infringing a geographical indication in the Member State where they are found and, bear or are described by, a name or term protected in respect of that geographical indication;
    • any packaging, label, sticker, brochure, operating instructions, warranty document or other similar item, even if presented separately, which is the subject of an act infringing a trade mark or a geographical indication, which includes a sign, name or term which is identical to a validly registered trade mark or protected geographical indication, or which cannot be distinguished in its essential aspects from such a trade mark or geographical indication, and which can be used for the same type of goods as that for which the trade mark or geographical indication has been registered;
  • pirated goods
    • goods which are the subject of an act infringing a copyright or related right or a design in the Member State where the goods are found and which are, or contain copies, made without the consent of the holder of a copyright or related right or a design, or of a person authorised by that holder in the country of production;