“Carolina Herrera Bags”

• 1. The basic definition of the offence under Art. 274.1 of the Cirminal Code does not require that a given number of products that have distinctive or confusable identities be identified. Furthermore, unlike the statutory definition of the offence under Art. 276 of the Criminal Code, it does not require the value of the products sold or the benefit that could be obtained from those products, to be considered.

• 2. The “constitutive” irrelevance for the purpose of the offence definition, in which a specific number of products that infringe the trade mark are proven to exist, greatly differentiates the sampling conditions from those that are required in other types of offences such as, for ex., drug trafficking, especially in terms of the quantitative and qualitative measurement of the substances seized.

• 3. The simple displaying for sale of products that harm trade mark rights due to imitation or the likelihood of confusion of distinctive signs causes compensable implicit moral harm for which no further evidence is required.