The article tackles the problems regarding the penal protection of consumers against the acquisition of counterfeit products. The consumers’ protection can not be regarded anymore as a collateral and complementary problem. The idea of incriminating the deed of adulterating the registered trademark has not found its implementation in Republic of Moldova. There is a considerable difference between the copyright and trademark rights; therefore the juridical protection of the trademarks and juridical protection of the copyrights’ objects have distinct aims. The insufficiency of the means offered by the Code as to the administrative contraventions conditions the necessity of influencing on the production and commercialization of counterfeit products by judicial-penal means.