“Salame Felino”Decision of the Supreme Court of Cassation (I Civil Division) (Suprema Corte di Cassazione, Sezione I Civile) 2 February 2015 – Case No. 2828/2015

Article 31 of Legislative Decree 198/92 falls within the scope of European Regulation No 2081/92 where it offers protection to geographical indications (GIs) used for products that derive their quality, reputation or features from the designated geographical area. According to the CJEU’s jurisprudence, in absence of EU registration, national law cannot afford protection to qualified GIs for agricultural products and foodstuffs. Therefore, Art. 31 shall not apply in that part to GIs that have not obtained a European registration.Article 31 falls outside the scope of the Regulation and is therefore compatible with EU law where, regardless of the quality or features of agricultural products and foodstuffs produced in a geographical area, it qualifies as unfair competition to use unregistered GIs for products that do not originate from the relevant geographical area.GIs unregistered at the EU level and used for products that derive their reputation from the designated geographical area (such as “Salame Felino”) may find protection under national unfair competition law, which independently from any linkage to the products’ quality or features prohibits the use of GIs for products that do not originate from the relevant geographical area.