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1.
The manufacture and sale of spare parts of a complex product covered by a design registration cannot be prohibited.
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2.
In such case, the trade mark of the original manufacturer may be affixed on the packaging, but not on the component, as this no longer serves to indicate the – already achieved – purpose, but rather indicates the origin of the component itself.
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3.
The crime of counterfeiting can be affirmed even where the buyer was informed by the seller about the non-originality of the trade marked product.
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Notes
[Editor’s note] See the decision ‘‘Vorwerk Folletto’’ in 46(5) IIC pp. 613–616 (2015) doi: 10.1007/s40319-015-0357-5; and a comment thereon by Marco Bellia in 46(5) IIC pp. 620–623 (2015) doi:10.1007/s40319-015-0359-3.
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Translated from the Italian by Niccoló Ferretti and Alessandro Zito. For a case note on this decision by Niccoló Ferretti and Alessandro Zito, see this issue of IIC at doi:10.1007/s40319-016-0505-6.
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Intellectual Property Code, Art. 241; Criminal Code, Arts. 473, 474, 648. “Wheel Covers”. IIC 47, 743–749 (2016). https://doi.org/10.1007/s40319-016-0504-7
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DOI: https://doi.org/10.1007/s40319-016-0504-7