76 WINE LAW protection of designations of origin and geographical indications and, according to the proposal, article 517-quarter(1) will punish the organised activity, aimed at offering on sale products bearing infringing designations of origin or geographical indications, with harsh sanctions, corresponding to an imprisonment of three to seven years and a fine from 20,000 to 100,000 €. Moreover, the draft law foresees the strengthening of the sanctions for the infringement of DOs and GIs, amending article 517-quater. Regarding the civil sanctions, the recent case-law offers an interesting spectrum of decisions, protecting designations of origin and geographical indications. First, it is necessary to recall that the civil protection of DOs and GIs is dual: on the one hand, article 30 of the Italian IP Code, which prohibits the use of Designations of Origin or Geographical Indications, in case the relevant products coming from a different geographical area and if their use is likely to create a risk of confusion in the public of consumers; on the other hand, the unlawful use of DOs and GIs may also constitute an act of unfair competition, by confusion, as well as for misappropriation of qualities, as ruled by article 2598 of the Italian Civil Code. The Court of Venice, with its ruling of 6 July 2017, has inhibited the use by a British company of the Progrigio designation, as a designation of wine products, domain name and in the advertisement, since this designation has been considered in infringement of the Prosecco DOC, under articles 30 of the Italian IP Code and 103(2)(b) of Regulation (EU) No. 1308/2013. The Court assessed that prima facie, from the use of the challenged designation, the condemned company took advantage of the qualitative characteristics of the well-known Prosecco DOC. Moreover, the Court has considered that the consumers, especially those coming from countries where the challenged products were sold, may be further confused by the reproduction, on the bottle label, of the Italian flag. Therefore, the Court of Venice has also protected the Prosecco DOC from the dangerous phenomenon of the Italian sounding. Finally, with this decision, issued in an urgent proceeding, the Court has also ordered the withdrawal from the market of all the challenged products, bearing the designation Progrigio, also fixing a penalty of 250 € for any further violation and of 500 € for any day of delay in the accomplishment of the statement. The same Court of Venice, with the decision of 24 October 2017, inhibited the use of the designation Amarone, used by the wine producer company Le famiglie dell’Amarone d’arte, as a designation for wine products, commercial name, domain name and advertisement. Indeed, the use of the challenged designation has been considered in infringement of the Amarone Della Valpolicella DOCG, constituting an act of unfair competition under article 2598 of the Italian Civil
RkJQdWJsaXNoZXIy MTE4NzM5Nw==