Wine Law

13 which were sold on the web through Amazon, thus also infringing important designations of origin, qualified in Italy under the DOC and DOCG brands, such as Barolo, Chianti and Merlot, with a very huge reputational damage for the manufacturers, as a consequence of this fraudulent practice. So, the Court of Appeal of Bologna, with its ruling of 31 January 2019, confirming the previous statement of the Court of Bologna, which had sanctioned the Keller Group, condemned the infringer to eight months of imprisonment and 8000 euro of fine. Finally, Italian Supreme Court, with its recent ruling no. 9357 of 9 March 2020, has 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, in consideration of the concrete risk of confusion produced 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 of imprisonment and/or a fine up to 2.065 €. This rule deserves to be mentioned also in relation to the protection of designations of origin and geographical indications, since, if the requirements of Article 517- quater are not met, the relevant unlawful behaviour may constitute, in any case, a fraud in commerce. In this sense, Italian Supreme Court, with its ruling no. 28354 of 8 July 2016, has 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 fact situation “Jaira vino del Lago”, did not reproduce any DO or GI. Furthermore, it is worth mentioning that a draft law, which will be probably approved in the next months, is introducing the crime of agro-piracy, with the aim of strengthening the protection of Italian productions, against any form of infringement, fraud and phenomena, such as the Italian sounding. This important reform will also enhance the protection of designations of origin and geographical indications. As a matter of fact, according to the proposal, Article 517 of the Italian Criminal Code will punish the organised activity, aimed at offering on sale products bearing infringing designations of origin or geographical indications, with harsh sanctions, corresponding to the