Cases of unfair competition and counterfeiting of products/brands are becoming increasingly common occurrences in Italy, due in part to the unregulated growth of Asian countries, particularly the People’s Republic of China, which place products in our markets with disregard for all international standards.
It is worth clarifying that according to the Italian Civil Code (Art. 2598), without prejudice to the provisions concerning the protection of brands and patents, “acts of unfair competition” are perpetrated by whoever:
- uses names or identifying characteristics likely to be confused with names or logos used legitimately by others, or slavishly imitates the products of a competitor, or performs actions with any other means likely to create confusion with the products and the activity of a competitor;
- disseminates news and assessments of the products and activity of a competitor that can bring them into discredit, or appropriates qualities of the products or business of a competitor;
- directly or indirectly uses any other means inconsistent with the principles of professional propriety that can damage the company of another.
After careful analysis of the case, INSIDE will implement a series of investigation activities combined with expert opinions aimed at verifying the occurrence of unfair competition and/or counterfeiting of products that has caused damage financially and in terms of image to the company that owns the trademark and related know-how.