On a general basis, our legislation envisages the protection of geographical indications through notification and registration.

Negative answer. There are different regimes: for wines, we signal Law 164 of 10 February 1992 in application of EEC Regulation 823/87, published in the Official Journal of 26 February 1992; for alcoholic drinks, we signal the Decree of the President of the Italian Republic of 16 July 1997, No. 297, in application of EEC Regulation No. 1576/89; for agro-food, the reference is to Article 2 of EEC Regulation No. 2081/92 with sectoral provisions of procedural origin.

The protection for wines concerns also distribution and marketing phases.

In order to recognize the geographical indications, usually application provisions are applied for the protection indicated in Article 22.2, even the provisions existing before the Community Regulation for the different sectors (i.e. the Law of 5 February 1992, No. 169 concerning the controlled designation of origin of olive oils); in accordance with Article 23.1, the provisions of the Law of 10 February 1992, No. 164 are applied for wines, while the provisions of the Presidential Decree, No. 297 of 16 July 1997, are applied for alcoholic drinks.

The recognition is possible exclusively through specific regulations.

Ministerial Decree of 18 May 1998 concerning the recognition of wine DOC "Molise" in accordance with Law 164/92; Ministerial Decree of 4 July 1997 concerning the recognition of DOC oil from Tuscany in accordance with Law 169/92.

Positive answer, it applies to all agro-food products registered in accordance with Regulation (EEC) No. 2081/92.

The National Law, No. 164 of 10 February 1992, for wines contains a clear distinction between the terms "geographical indication" and "denomination of origin". For other products of the agricultural and agro-food sector, please see the distinctions indicated in EEC Regulation No. 2081/92.

Geographical indications are those which identify a product as originating from the national territory or from a region or a determined place of such territory when a certain quality, fame or other characteristics of the product can be essentially attributed to its geographical origin; for the different sectors, we use the Community definitions contained in Regulations on wines, alcoholic drinks, flavoured wines and agricultural and agro-food productions.

No. The quality or reputation must be directly linked with geographical origin.

For the wine sector, we apply Community provisions indicated in (EEC) Regulation No. 822/87 and at national level the provisions indicated in Law 164/92; for alcoholic drinks, we apply the provisions of (EEC) Regulation No. 1576/89; for flavoured wines, we apply the provisions of (EEC) Regulation No. 1601/91; the agro-food sector follows (EEC) Regulation No. 2081/92.

Positive answer for both questions; in fact, as for wines and agro-food products, protection depends also on human factors linked to the preparation of products.

Negative answer.

The definition is indicated in the production criteria approved by the competent public authority.

Positive answer. Article 24, subparagraph 4bis of Law 164/92, as modified by the Legislative Decree of 19 March 1996, No. 198.

Only in case of bilateral agreements. In all other cases, the national legislation is adapted to Community rules. We signal for the wine sector a determined agreement with the Swiss Government; for the dairy products sector, we refer to the multilateral agreement of Stresa, which implies also third countries.

There are not any specific provisions, also on the basis of the Community Regulation of the sector.

Positive answer. The national law which prevents the use of geographical indications for the products which do not come from the indicated place is Law No. 164 of 10 February 1992, Article 28.

Positive answer. The rule foresees the refusal or invalidity of the registration of a trademark containing or constituted by geographical indications which identify products that do not come from the indicated territory. This rule is contained in Law No. 164 of 10 February 1992, Article 24.

The activation of the formal recognition system can be subject to public or private initiatives.

The competent authority on the basis of institutional regulation is the Ministry for Agricultural Policies, as a centre for the coordination of regional policies, also through the action of the various sector committees.

The initiative for the implementation of recognition procedures can be carried out following a public (regions) or private initiative.

Except the usual administration fees, there are no specific contributions linked to the right of use of a geographical indication.

Not exclusively. In fact, the features connected with natural environment and human factors are taken into account.

See the answer to question 21 above.

[Answer 21: Not exclusively. In fact, the features connected with natural environment and human factors are taken into account.]

Information is the one required by Law 164/92 for the wine sector; the agro-food sector is ruled by disposition of (EEC) Regulation No. 2081/92.

Positive answer, according to criteria of the relative production regulations.

Opposition mechanisms are indicated for the wine sector by Law No. 164/92, while for the agro food sector they are indicated by Article 7 of (EEC) Regulation No. 2081/92.

For the wine sector, according to Law No. 184/92, anybody can oppose the procedure,. However, the competent public authority and the sector committee have to verify. For the agro-food sector, Article 7 of (EEC) Regulation No. 2081/92 points out who can oppose the recognition of a geographical indication.

Protection is applied in accordance with the obligations under the TRIPS Agreement.

Without prejudice to the verification of the persistence of requirement, there are no limits of time.

Negative answer. There are no renewal procedures for a geographical indication.

In general for the wine sector identification is annulled when the rights are not activated in the time foreseen by the national legislation. (Article 9 of Law 164/92).

For the wine sector, limits for non-use are indicated in Article 9 of Law 164/92.

Authorities of the central and peripheral public administration together with sector committees and the consortiums which have the task of monitoring in the sectors of their competence.

For the wine sector, procedures and forms are indicated in Law 164/92.

Law 164/92 provides for the wine sector, while (EEC) Regulation No. 2081/92, Article 11 provides for the agro-food sector.

For the wine sector, the relative provisions are indicated by Law 164/92, Chapter II; for the agro-food sector, it is necessary to prove the forfeiture of requirements occurring after the Community registration, according to (EEC) Regulation No. 2081/92.

Yes, but the relative production criteria must be observed.

There are no particular parties. However, the entity responsible for the recognition is competent in this sector.

We confirm that, according to the national legislation, the authorization to use a geographical indication is not submitted to the payment of particular fees.

The relative procedures are foreseen by Law 164/92 for the wine sector, and by (EEC) Regulation No. 2081/92 for the agro-food sector.

We point out that in the wine sector time-limits of non-use of the denomination are fixed.

The normal legal objection ways are used.

Negative answer.

On the basis of the Community provisions in this matter.

We refer to the Community Regulations on this matter.

We refer to the Community Regulations on this matter. In any case, trade marks formed by false geographical indication are nullified.

We refer to the Community regulations on this matter, in particular for the agro-food sector to Article 13 of (EEC) Regulation No. 2081/92.

Positive answer. The rule which indicates the criteria for the use of geographical indications, through the appropriate differences, is contained in Law No. 164 of 10 February 1992, Article 24, subparagraph 4bis.

Law 164/92 and the other national legislation provide for regulations of sanctions character (Cf. Cap. X of Law 164/92).

The competent public administrations together with the producers associations (protection consortiums).

Administrative courts and ordinary courts. Specific fees are not foreseen, but only the normal court costs.

Positive answer. It is made through publication in the Official Journals of the member State.

We refer to the sanctions system foreseen for the wine sector, by Law 164/92.

As we have already pointed out, in the wine sector is in force the bilateral agreement with Switzerland, while for the dairy sector there is the multilateral agreement of Stresa, which was signed also by third countries.

Negative answer.