A recent decision concerning false Rubik's Cubes (Cass. Pen. 20 November, 2009, no. 4217) stated that filing an application for registration or patent is sufficient to trigger trademark’s criminal protection. In fact by that time the model is formally known and it is possible to illicitly copy it. Furthermore the Court affirms that the anticipated protection of the distinctive sign continues to exist even after the entry into force of the new legislation introduced by the Law no. 99, 2009. The aim of the said law is to ensure a more effective enforcement response to counterfeiting with explicit compliance with EC Law. The Supreme Court also adds that, for the verification of seizure requirements, an investigation on the merits of trademark’s validity is not necessary.