TRADEMARKS: up to 3 years of jail if the website infringes a registered trademark

The so-called Development Bill, that is about to become a law, includes some important measures against piracy and counterfeiting. In detail, it rules that anyone who registers a trademark or a domain name similar to one already registered, having the possibility to be aware of someone else’s IP rights, can be punished with a considerable monetary sanction - for businesses, or with a penal conviction - for an individual. In case of a domain name, since registers are public and freely accessible, the risk to commit counterfeiting is very high and requires, therefore, precise and reliable clearance researches, aimed to avoid the existence of similar domains already registered. It is thus now even more fundamental to call for an expert’s assistance, in order to protect one's trademarks without infringing others’ IP rights.

07/29/2009 | Trade Mark