Wine Law

14 imprisonment from three to seven years and with 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 of the Italian Criminal Code. Coming now to civil sanctions, the recent case-law offers an interesting spectrum of decisions, protecting designations of origin and geographical indications. First of all, it is necessary to recall that the civil protection of DOs and GIs is double. From one hand, Article 30 of the Italian IP Code prohibits the use of designations of origin or geographical indications, in case the relevant products come 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, realised by a British company, of the designation “Progrigio”, as designation of wine products, domain name, as well as in the advertisement, since the above designation has been considered in infringement of the designation of origin “Prosecco DOC”, according to Article 30 of the Italian IP Code, as well as of Article 103(2)(b) of Regulation (EU) No. 1308/2013. The Court has assessed that, prima facie , from the use of the challenged designation, the condemned company took advantage from the qualitative characteristics of the well- known Prosecco DOC. Moreover, the Court has considered that the public of consumers, especially those coming from countries other than Italy, where the challenged products were mainly sold, may be further confused by the reproduction, on the bottle label, of the Italian flag. Therefore, in some way, 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 euro for any further violation, and of 500 euro for any day of delay in the accomplishment of the statement. The same Court of Venice, with decision of 24 October 2017, has inhibited the use of the designation “Amarone”, used by the wine producer company Le famiglie dell’Amarone