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28 January 2011
The ‘made in Italy’ label is considered a national economic resource, so much so that numerous laws have been passed to protect consumers and Italian enterprises from misleading indications of origin on products.
Pursuant to Section 4(49) of Law 350/2003 (as amended),1 the use of the ‘made in Italy’ label on products that are not of Italian origin (termed ‘false indications’) or the use of corporate brands or other elements (eg, signs or images) that may lead the consumer to believe that the product is of Italian origin (termed ‘misleading indications’) are punishable by a fine of up to €20,000 and up to two years’ imprisonment under Article 517 of the Criminal Code.
The Supreme Court recently clarified questions of interpretation surrounding Section 4(49) in a decision which marks a return to its traditional position.
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