“Vorwerk Folletto”

Authors: Vorwerk Folletto as offended party in the criminal proceedings v Mr M Industrial Property Code Legislative Decree of 10 February 2005 No 30 Arts 241 21 Trade Mark Directive 2008/95/EC Art 61b and c Criminal Code Arts 473 474

Publish Date: 2015/07/22

Volume: 46, Issue: 5, Pages: 613-616

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Abstract

With regard to spare parts the manufacture and marketing of replacement components of a complex product protected by property rights cannot be prohibited under Italian design law but the reproduction on replacement components of a trade mark put by the right holder on original parts is illicit under Arts 473 and 474 of the Italian Criminal Code since such reproduction is neither allowed as “descriptive use” Art 61b Trade Mark Directive nor as “necessary to indicate the intended purpose of a product or service” Art 61c Trade Mark Directive

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