GEOGRAPHICAL INDICATIONS AND DESIGNATIONS OF ORIGIN 75 such as grape pressing and fermentation, being carried out outside the geographical area established for that designation of origin, despite the false declarations of the producers. This ruling seems to be really significant since the Court, in order to assess the possibility to apply article 517-quater, analysed in detail several provisions established by the government of use. In the case of a concrete risk of confusion on the origin of the product, article 517 may also be applied, although not expressly foreseen for the infringement of designations of origin or geographical indications, as article 517-quater. In a model-fact situation – the so-called “wine kit” case, which constitutes a real symbol of food counterfeiting of “Made in Italy” –, the infringers had realised powder preparations for making home wine, which were sold online through Amazon, thus also infringing important designations of origin, qualified in Italy under the DOC and DOCG designations, such as Barolo, Chianti and Merlot, with huge reputational damage for the manufacturers, as a consequence of this fraudulent practice. With its ruling of 31 January 2019, the Court of Appeal of Bologna confirmed the Court of Bologna’s previous statement, which had sanctioned the Keller Group, thus condemning the infringer to eight months imprisonment and an 8,000 € fine. Finally, the Italian Supreme Court, with its recent ruling no. 9357, of 9 March 2020, confirmed the decision of the Court of Appeal of Bologna, explaining that the Court had correctly sanctioned the challenged behaviour, in the light of article 517 of the Italian Criminal Code, considering the concrete risk of confusion among consumers on the origin of the products. Moreover, concerning wine sector, it is also important to mention the crime of fraud, which today is punished, under article 515 of the Italian Criminal Code, with two years imprisonment and/or a fine up to 2,065 €. This rule also deserves to be mentioned in relation to the protection of DOs and GIs, since, if the requirements of article 517-quater are not met, the relevant unlawful behaviour may constitute, in any case, a fraud in commerce. Accordingly, the Italian Supreme Court, in its ruling no. 28354 of 8 July 2016, stated that the indication on the wine bottle label of vineyards, other than those effectively used to realise the wine product constitutes a case of fraud in commerce, although in the lack of infringement of a designation of origin or geographical indication, since the designation used, in that model situation Jaira vino del Lago, did not reproduce any DO or GI. Furthermore, a draft law, which will be probably approved in the next months, will introduce the crime of agro-piracy, intending to strengthen the protection of Italian productions, against any form of infringement, fraud and phenomena, such as the Italian sounding. This reform will also enhance the
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