Today, the counterfeiting phenomenon is not related only to sectors such as fashion, cosmetics or toys. But, also due to the economic globalization, the market share and the introduction of new sales models (such as e-commerce; for example) – that represent for counterfeiters both the opportunity to simply copy products and also to better infiltrate within the net of a supra-national economy – counterfeiting is widely expanding also to the manufacturing sector, today.
In 2016, the volume of international trade in counterfeited and pirated products represents 3.3% of the trade worldwide for a total amount of 460 billion EUR compared to the 338 billion EUR in 2015 (2.5% of International trade*).
Italy is the third Country worldwide, after the United States and France, whose products are subject to counterfeiting **. In this context PIUSI's action to protect its K24 digital flow meter
fits. An extremely versatile and innovative flow meter; so much that in 2007 PIUSI became the owner of a multiple community model, registered with OHIM (today EUIPO) at no. 721584-0001, for the design and technology of this product.
A meter which has become the object of a counterfeit by COMBO POWER GROUP LTD., Hong Kong, which has started to sell on the European market, an action still undergoing through its own distribution channels, a meter quite similar to that being protected by PIUSI, very often with the name AFM30. It must be said that even if not identified with this name, the COMBO flow meter had the same technical characteristics as the PIUSI one. For this reason, the Mantuan company has decided, in order to protect its right to the exclusive use of the community model, to sue COMBO POWER GROUP LTD at the Court of Milan to see the illegal behavior ascertained and sanctioned. A procedure that has proved PIUSI right and today the Company can count on the Judgment of The Court of Milan no. 2420 of 16/04/2020, Section XIV Specializing in Business A, operating as Court of Community models, which among the various:
- ascertains and declares that the import, marketing and offer for sale of the AFM30 flow meter made by Combo Power Group ltd. throughout the European Union constitutes an infringement of the community design no. 721584-0001 owned by Piusi s.p.a.;
- prohibits Combo Power Group ltd. from publicizing, promoting, offering for sale, importing and marketing, by any means and methods, throughout the European Union, the flow meter named AFM30 or otherwise named if it has the same characteristics, as depicted in documents nos. 5, 8, 14 and 19 attached to the writ of summons;
- orders Combo Power Group ltd. to withdraw from the market every AFM30 flow meters already distributed and/or marketed throughout the European Union, to be carried out in full within sixty days from serving this judgement.
According to the Judgment, PIUSI can count on a legal tool in the EU to prevent from advertising, selling, importing and trading, by any means and method, also through third parties, the AFM30 meter of the COMBO POWER GROUP LTD (or also called in another way, albeit with the same characteristics), as well as any other meter which by colour, shape, size, design violates the right to the exclusive use of PIUSI of the meter related to the community model n. 721584-0001.
This important victory in support of “Made in Italy” encourages PIUSI to continue the battle against other copies present on the market.
