Tuesday, November 28, 2023
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Italian rules on compulsory origin marking "freezed"

After a long and hard debate characterized by conflictual positions among companies, trade and professional associations and the Italian government, the new law decree N° 135 of 25 September 2009, published in the Official Journal of 25 September 2009, has finally been adopted. The new decree has repealed the much contested paragraph 4 of the article 17, law 23 July 2009, N° 99, which introduced since 15 August 2009 an obligation for companies to indicate the exact place where goods are manufactured, on all products or goods not originating from Italy and bearing a “trademark of Italian company”.


Combined Nomenclature: new classification code for some kind of sandals

The Commission Regulation (EC) N. 872/2009 of 18 September 2009, concerning the classification of certain goods in the Combined Nomenclature (CN), introduces some amendments to the Council Regulation (EEC) n. 2658/87 of 23 July 1987, on the tariff and statistical nomenclature and on the Common Customs Tariff. Such amendments apply in particular to a particular kind of 'thong' sandal with with outer soles of plastics, which are described in the annex to the Regulation, column n° 1.

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International trademark holders allowed to ask the safeguard of their right under the EC Reg. N° 1383/2003

With decision of the Sixth Chamber of 2 July 2009, issued on request of preliminary ruling proposed by the Finanzgericht München (Case C-302/08 - Zino Davidoff SA vs. Bundesfinanzdirektion Südost), the EU Court of Justice clarifies that article 5, par. 4, of the EC Regulation (CE) 22 July 2003, N° 1383, concerning customs action concerning goods suspected of infringing certain intellectual property rights and the measures to be taken against goods found to have infringed such rights, read in the light of Article 146 of the EC Reg. N° 40/94 on the Community trade mark, as amended by the Reg. No 1992/2003, must be interpreted in the sence that also the holder of an internationally registered trade mark is allowed to request and obtain - just like the proprietor of a Community trade mark - the intervention of the customs authorities of one or more other EU Member States, to safeguard its right.


"Made in" rules: Italian legislators jump back into the technical standards and regulations mess

The saga continues... With regard to the legal provisions on the protection of the “made in” brand set forth in the Article 17 of the law n. 99/2009, it seems now that the Italian Republic has omitted to notify the new measures introduced to the European Commission, as the Directive 98/34/CE of 22 June 1998 (laying down a procedure for the provision of information in the field of technical standards and regulations), requires. Italian judges can therefore cease their application...

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New provisions on the protection of the "Made in" brand applicable only for goods manufactured after the 15 August 2009

The Italian Customs, with the Notices n° 110635 of 11/08/2009 and n° 111601 of 13/08/2009, find a remedy to the lack of a transitional period in the art. 17, law 99/2009, concerning the entry into force of the new provisions on protection of the "Made in Italy" brand (see our article), sharing the interpretation proposed by the Ministry for the Economic Development, according to which the rules introducing an obligation for operators to appose on goods manufatured abroad and marketed in Italy with trademarks of Italian companies, an indication sufficient to avoid any error concerning their real foreign origin, are applicable exclusively to those goods manufactured ("came to existance") after the entry into force of the above law.

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