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Case Law 13816/2008 (12/02/2008)

Type: Judgment

Authority: National Courts: Supreme Courts (Italy) - Corte di Cassazione

Date: 02/12/2008

Subject: The Court of Cassation reconstructs the complex discipline in the matter of SIAE marks for the protection of intellectual property, in the light of Community Law and of its interpretation provided by the Court of Justice’s decision, Schwibbert, 8 November 2007. The Court states again that every time the absence of the SIAE mark is one of the typical elements of a crime, the public prosecutor must give the proof that the mark is provided by a norm prior to 31.3.1983, or that it has duly been communicated to the European Commission. In the absence of such proof the defendant must be acquitted because “the fact does not exist”.

Original language: Italian

Classification: Freedoms - Art. 17 Intellectual property - Justice - Art. 49 Principles of legality (nullum crimen, nulla poena sine lege; lighter penalty) - Proportionality of penalties

Text download Italian