Non-Preferential Origin and ‘Made in Italy’

Abstract

This article examines the rules on non-preferential origin under international law, the European Union (EU) law and Italian law. In particular, the article explains that while the Union Customs Code (UCC) provides rules on non-preferential origin in EU level, the EU Member States may adopt national laws that are in full compliance with the EU Treaties and regulations. The article then examines the Italian legal framework providing rules on non-preferential origin. In addition, the article highlights the difference between ‘intellectual property rights’ (where the trademarks are found), the ‘made in’ regulation and the provisions on ‘product labelling’. The article further analyses the problems that have emerged over time in relation to the ‘false indication of origin’ and the ‘fallacious indication of origin’ under the Italian legislation, and how the regulatory provisions have developed over time. The article emphasizes the importance of the discipline of ‘made in’ for Italy due to the ‘manufacturing’ vocation of the country. Finally, the evolution of the jurisprudential orientation is represented by an address of ‘legal origin’ (understood as traceability of an asset to a particular producer, without detecting the connection of the asset to the territory), to the recognition of a ‘customs origin’ which, on the other hand, takes the territory into consideration.