Wednesday, December 02, 2020
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New provisions for the protection (maybe) of the "Made in"

In the Official Journal of the Italian Republic of 31 July 2009 n. 176, the law 23 July 2009, n. 99 (“Provisions for the development and internationalization of companies, and energy” has been published. Some of the most interesting aspects of this law are the amendment of a series of articles of the penal code (in particular, articles 473, 474 and 517), with the aim of punishing more harshly the crimes of counterfaiting, introduction within the territory of the State od products with false signs and sale of industrial products with misleading signs, and the amendment of art. 4, par. 49, of the law 24 december 2003, n. 350, whose new text is the following:

“The importation and exportation for marketing purposes, the marketing or any action aimed to in non-equivocal way to the marketing of products bearing false or misleading indications of provenance or origin, constitutes a crime and is punished pursuant to Art. 517 of the penal code. The application of the “made in Italy” wording on products and goods not originating from Italy, pursuant to the EU legislation on the origin, constitutes a false indication; the use of any mark, image or sign that can induce the consumer to believe that the product or good is of Italian origin, included the  deceptive or misleading use of company trademarks pursuant to the rules on the unfair commercial practices, constitutes a misleading indication, even if the foreign origin and provenance of the products or goods are indicated. The use of trademarks of Italian companies on products or goods not originating from Italy, pursuant to the EU legislation on the origin, without the exact indication, in evident terms, of their Country or place of manufacturing or production, or of any other indication sufficient to avoid errors on their real foreign origin, shall also constitute a misleading indication. Crimes shall be deemed to be committed from the time the products or goods are presented to the customs for the release for consumption or for free circulation, until they are sold to the retail market. The misleading indication of goods can be regularized on the administrative plan through the removal, on initiative and at the expense of the transgressor, of the marks, images or signs inducing to believe that the product is of Italian origin. The false indication of origin or provenance of products or goods can be regularized on the administrative plan through the exact indication of the origin or the removal of the wording «made in Italy». False or misleading indications of provenance or origin cannot be regularized once the products or goods are released for free circulation”.

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List of the authorities empowered to issue export licences for cultural goods published in the ECOJ

The Communication of the European Commission (2009/C 164/04), published in the Official Journal of the European Union (ECOJ) C 164 of 16.7.2009  lists the authorities competent for the release of the export licences for cultural goods, as foreseen in the Article 3(2) of Council Regulation (EC) No 116/2009 (see our article). In Italy, the competent offices are the following:

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VAT warehouse on behalf of third persons residents in other EU Member States: the warehouse keeper must be the fiscal representative of the depositor

Answering to a request of ruling submitted accoding to article 11 of law 27 July 2000, n. 212, the Revenue Agency provides, with the resolution n. 180/E of 10 July 2009, further explanations to the VAT warehouse regime.

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Countervailing and anti-dumping duties imposed on imports of biodiesel originating in the USA

In the Official Journal of the European Union L 179 of 10.7.2009 are published the (EC) Regulations n. 598/2009 e 599/2009 imposing, respectively, definitive countervailing and anti-dumping duties on imports of biodiesel originating in the United States of America and collecting definitively the provisional (countervailing and anti-dumping) duties established last March with the Regulations (EC) n. 193/2009 and 194/2009. The amount of the countervailing duties ranges between 29,1 % and 41,1 % for each tonne of product, while the amount of the anti-dumping duties range between 68,6 % and 172,2 % per tonne net.

Classification of fermented beverages containing distilled alcool: a clarification from the ECJ

Fermented alcohol-based beverages corresponding originally to heading 2206 of the Combined Nomenclature in Annex I to Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (as amended by Commission Regulation (EEC) No 2587/91 of 26 July 1991), must be classified under heading 2208 of the Combined Nomenclature (‘Undenatured ethyl alcohol of an alcoholic strength by volume of less than 80% vol; spirits, liqueurs and other spirituous beverages …"), rather then under heading 2208, when a certain proportion of distilled alcohol, water, sugar syrup, aromas, colourings and, in some cases, a cream base have been added to them, so that the result is a loss of the taste, smell and/or appearance of a beverage produced from a particular fruit or natural product.

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