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Pegasos-Italia : Comment 168 of 181 | ANN.lu |
Posted by Raffaele on 08-Nov-2003 01:32 GMT | In reply to Comment 167 (Gabriele Favrin): Mr. Gabriele Faverin wrote:
>All italians laws are available on the net.
>Can you please point us to the one you are refering?
>Thanks.
Off course.
As an italian you sure will known the site for the authority which grants upon competition and market:
www.agcm.it
Law regarding deceptive (fraud) or comparative advertising campaign is subject to law decree:
DL 25 gennaio 1992 n. 74.
you can found it at:
http://www.agcm.it/F.htm
(it is the first one into the section «Pubblicità ingannevole e comparativa»)
When highligted it will bring you to:
http://www.agcm.it/F8.htm
Link referring our situation is:
Art. 3 Bis
Condizioni di liceità della pubblicità comparativa
Conditions of lawfulness of comparative advertising
Points "E" and "F"
>d) non ingenera confusione sul mercato fra operatore pubblicitario
> ed un concorrente o tra i marchi, le denominazioni commerciali,
>altri segni distintivi, i beni o i servizi dell'operatore pubblicitario
>e quelli di un concorrente;
>e) non causa discredito o denigrazione di marchi,
>denominazioni commerciali, altri segni distintivi,
>beni, servizi, attività o circostanze di un concorrente;
To be brief for the rest of the world:
[AND PLEASE FORGIVE ME FOR FOR ANY MISTAKE DONE IN TRANSLATE LEGAL TERMS]
d): the advertising must not generate any possible confusion in the presence into the market between the operator which hired the advertising campaign and between the competitor, or between trademarks, names and *DISTINCTIVE SIGNS*
e): the advertising must not cause discredit or denigrate other trademarks, commercial names or *DISTINCTIVE SIGNS*
----------
By the way point "B" stated that:
a comparative advertising must be made only regards properties or services which satisfies same needs or propose similar objectives
and point "c":
a comparative advertising must only *objectively* comparate one or more essential characteristics, and strictly regarding these characteristics, *that could be verified and which are representative of the other product*, included in possible event ("eventualmente" in italian is not "eventually" in english) the price of these properties or services.
Art. 7 on its link at same page http://www.agcm.it/F8.htm
is related to fines and legal consequences when it exists a guilty.
Point 2 the advertising could be stopped by authorities on the basis of a simple charge by any person who made the report
(Regarding internet site: the site could be closed by authorities and the maintainer identified)
6) the responsible, when identified is forced to publish a correction to the advertising or to delete it at his expenses.
9) When he/she omitted to correct the advertising or refuses to delete it, then it is subject upto arrest max 3 months and fines upto 5.000.000 lire (2500 Euros)
I must warn also that in Italy it exists the obligation to any jurisdictional judge to proceed if he can certify or verify a crime.
For example, if an old amiga user is by chance also a judge, and again by chance he had read the pegasos-amiga site finding the broken-ball-morph logo...
...then he *MUST* proceed versus Miky or Genesi, even if not Amiga Inc, neither any person had reported the faulty guilt to the authorities.
Is all these reasons which lead me to warn Miky (some days ago) that he nust change the logo to avoid any trouble from Authorities...
Ciao,
Raffaele |
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