Italian newspapers reported that last Sunday, June 6 2010, an Austrian
tourist who bought a 7 Euro fake Louis Vuitton purse from a beach vendor in
Jesolo, an Italian beach resort near Venice, got slapped with a 1,000 Euro
Under Article 1(7) of Law No. 80/2005 and subsequent amendments, an
administrative fine between 100 and 7,000 Euros can be applied to end consumers
for the purchase or acceptance for any reason, without first having ascertained
their lawful source, of objects that, due to their quality or due to the
conditions of who is offering them or due to their price, induce one to believe
that IP laws have been infringed.
has rarely been applied in the past but, this summer, the administrations of several
vacation places have announced their intention to make extensive use of the
same to crack down on counterfeits.
Pier Luigi Roncaglia is a founder and the
managing partner of leading Italian law firm Studio
Legale SIB, specialized in the field of intellectual property. With offices in
Florence, Milan and Rome, and a liaison office in New York, Studio Legale SIB
provides judicial and extra-judicial assistance in Italy and the European
Community and legal advice to Italian and foreign clients, including some
of the world's most prestigious companies in the fields of luxury goods,
fashion, entertainment, information technology and pharmaceuticals.