AMENDED

SAN MARINO


We the Captains Regent of the Most Serene Republic of San Marino


In view of article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law
186/2005;
Promulgate and publish the following ordinary law approved by the Great and General Council
its meeting on November 29, 2011:


LAW 5 December 2011 Ranked # 190



PROTECTION AND USE OF ARMS OFFICIAL OF THE REPUBLIC OF SAN MARINO
AND OTHER BADGES, SIGNS AND EMBLEMS PUBLIC


- TITLE I - GENERAL PROVISIONS



Art.1 (Purposes)

1. This Act lays down rules for the use and protection of the official emblem of the
Republic, pursuant to the Constitutional Law of 22 July 2011 n. 1.
2. This law also regulates the use of other emblems, signs and public emblems.

Art. 2
(the official emblem protection)

1. The use of the official emblem of the Republic is reserved exclusively for institutional
organs, agencies and the public sector expanded offices in the exercise of their functions and
activities and the cases provided for in Title II.
2. Outside of these provisions, they are prohibited the use and reproduction of the official badge
in all its forms, or shape also previously used. 3
. Individuals can use the coat of arms with the limits, in the form and manner provided for in Title III.


TITLE II USE OF ARMS OFFICIAL

Art.
3 (Use and reproduction of the official coat of arms)

1. Institutional bodies, institutions and offices of the wider public sector in the exercise of their functions and activities
are entitled to use the official emblem of
without authorization, and they are required to use the official emblem referred to Constitutional law 22 July 2011
n. 1, without any kind of alteration and guided by the norms of the present law and the rules of use
.
2. The official emblem is reproduced in public seals and seal of the notary publics
San Marino without authorization. 3
. The use of the official emblem is also used in the granting of legal aid cases
accordance with the following articles.
4. It 'also allowed unless specifically authorized, the depiction of the official badge
by individuals in dictionaries, encyclopedias, scientific works and publications, educational purposes or
didactic.
5. They are in any case prohibited any type of alteration and the affixing of the official emblem
or individual parts of it, as an element of brands or products or their packaging.
6. The original drawings of the official coat of arms are kept at the Office Secretariat
Institutional, either on paper or in digital form.



Art 4 (official coat of arms and advocacy)

1. The official coat of arms can be used in case of legal aid granted by the Regency, by
Secretaries of State or by the State Congress to initiatives, events of significant interest
for the Republic.
2. The official emblem of the authorization to use is inherent in the provision of legal aid to
order to highlight the prestigious support of the initiative grantors authorities, event, event
. 3
. The representation of the official coat of arms in the case of legal aid, in addition to enhancing
events and initiatives, aims to increase the visibility of the Republic and its institutions.
4. The official emblem should be used according to the indications given by
granting legal aid and depending on the type of initiative.
5. All advertising material related initiatives and events for which it is granted
legal aid must be prepared with the approval of the licensing authorities. 6
The licensing authorities shall, making use also of the Commission referred to the next
Article 11 on compliance with the terms and conditions of use of the official emblem if
patronage.


Art. 5
(Advocacy Question)

1. Each application for private entities seeking to obtain the granting of legal aid is
addressed in writing to the competent authority.
2. The legal aid application must be submitted no less than 60 days before the start of the initiative
, event or event. Failure to comply with this deadline may constitute grounds for inadmissibility
demand. 3
. The legal aid application must contain:
- the description and the information about the program, location, date, duration of the initiative, event or
event;
- The estimated budget of the event explaining the purpose of profit or nonprofit, sources of

Funding and recipients of any income;
- The type of communication actions planned;
- The commitment to deliver the report on the outcome of the event.



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Art. 6
(Grant of legal aid)

1. The provision of legal aid assumes requisite instruction designed to assess the value of the initiative
, its relevance to the public interest purposes, and therefore the benefits and risks that
initiative requires the same for the Republic's reputation and its institutions.
2. If legal aid initiatives have been attributed, events or events
later prove not to possess the characteristics for which the same patronage has been granted
, the licensing authorities may withdraw support to the initiative and withdraw the sponsorship,
exercising, where appropriate, any right to compensation for any damage. 3
. The sponsorship can not be attributed to initiatives, events or political events, religious, trade union or military
.
4. Whenever the State Congress or the individual Ministries grant patronage,
on material about the initiative should appear the expression "With the support of ... ..". If the
patronage is granted by the Regency, the expression is "Under the patronage of Their Excellencies the Captains Regent
".

TITLE III
-
REPRODUCTION FOR COMMERCIAL PURPOSES AND USE OF PRIVATE PART


Art. 7
(coat of arms used for commercial purposes)

1. A commercial purposes is permitted the use of the emblem in graphic version or shape without
crown or with open crown, following written authorization pursuant to the following items
.
2. Means use of the emblem for commercial purposes any reproduction or exhibition of
same, in any form or shape, by any means graphic, on any medium, of
goods or products to the market or to its packaging, however, at the end of each use of commercial exploitation
. 3
. The use for commercial purposes must always be in compliance with the emblems of the Republic and
image.
4. The use of the emblem in any form or shape, including those at the upper
paragraph 1, shall be prohibited as an identification sign of economic operators, professionals,
associations and private entities. Falls within that prohibition also playing by the same
subjects, the coat of arms as a decorative or architectural frieze on the external fronts of buildings used as
their homes, on signs, business cards or letterheads and in any other form of communication.
5. And 'the illegitimate use of the emblem in any way when it is not duly authorized
or if it is likely to mislead as to the geographical origin or the nationality of
economic subjects and / or private or when it is put in place in forms such as to constitute an act of contempt in
against the Republic and its symbols.


Art. 8
(Authorization to the use of the emblem referred to in Article 7)

1. The use of the emblem for commercial purposes is subject to written authorization
release of the State Congress, prior advisory opinion of the Commission referred to in article 11.
2. The terms, conditions and the time limit for the commercial use of the emblem
are governed by contracts that comply with the present law. The permitted use of the emblem
for commercial purposes is limited to what is expressly agreed in the contractual agreement.

3 3. The permitted use of the emblem for commercial purposes involves the definition of a
remuneration for the Most Excellent Chamber, commensurate with the type of property on which the emblem is reproduced,
to the number of units produced and distribution, sales area or dissemination.
The reference parameters for the definition and payment of remuneration are fixed by resolution of the Congress of State
on a Commission proposal in Article 11.


Art. 9
(Other signs, symbols or emblems public)
​​
1. The bodies, institutions and public sector offices expanded, the police and military of
Republic, the Township Councils have the exclusive right to use its name, the
own coats of arms, emblems and other distinctive in their endowment.
2. The Congress of State, after consulting positive Organ, Office, Public Body or
Body Police or Military, Government of Castello, may authorize the commercial use of badges, emblems and brands of which
paragraph 1, and the signing of a concession contract, heard the
Advisory opinion of the Commission referred to in article 11, as part of addresses set
.
3
. And 'it is forbidden in all cases the affixing of badges, emblems or signs referred to in paragraph 1
, or parts of them, as part of trademarks or products or their packaging.
4. E 'permitted unless specifically authorized, the depiction of badges, emblems and distinctive signs
referred to in paragraph 1 by individuals in dictionaries, encyclopedias, scientific works and publications
for scholarly or didactic.
5. The use of badges, emblems and brands referred to in paragraph 1, in any form or shape
, shall be prohibited as an identification sign of economic operators, professionals,
associations and private entities. Falls within that prohibition also playing by the same
subjects, the coat of arms as a decorative or architectural frieze on the external fronts of buildings used as
their homes, on signs, business cards or letterheads and in any other form of communication.


Art.
10 (Application for authorization)

1. The request for authorization to use the emblem for commercial purposes must be
filed at the Office of State Patent and Trademark Office and must contain:
- identification data of the applicant and, if legal person, of its legal representative;
- Accurate description of the forms and methods of use;
- Photographic reproduction of the emblem or graphics to use or exploit;
- Graphic or photographic reproduction of the goods on which the emblem will be reproduced;
- Quantity of production or purchase from third party manufacturers;
- Identification data of any third party producers of goods on which the coat of arms appears;
- Information about the / home and / i at / and which / i is performed using and / or trade in and
mode and marketing area;
- Time period of use and / or marketing;
- Quantities planned commercialization on an annual basis.
2. Where there is evidence from the authorized parties to a use other than that authorized, the
Congress of State may revoke the authorization, exercising, where appropriate, any right to claim damages
. 3
. The applications for authorization must be submitted no less than 90 days before the start
use. Failure to comply with this deadline is grounds for inadmissibility of the application
.



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Art. 11
(Commission Technical Evaluation - Concession Contract)

1. The Technical Assessment Commission consists:
- the Director of the Office of Patent and Trademarks or his delegate;
- By the Manager of the State Attorney or his deputy;
- From the Institutional Executive Secretary or his delegate.
2. The Commission may make use of experts or other public administration offices. 3
. The Commission shall examine the request for authorization to use for commercial purposes of
coat of arms and emblems referred to in Article 9, and prepare a draft of the contract.
4. The contract governing the commercial use of the emblem and the emblems of which
Article 9 is signed, for the public part, by the State Patent Office Manager and
Marchi.



Art.12 (Vigilance)

1. The police forces are required to monitor compliance with the standards of protection of
official coat of arms of the Republic, on the use of coats of arms and emblems and the continued fulfillment of authorizations granted
.
2. The police forces, where they find violations of the rules referred to in this law,
proceed to a finding of fact by the minutes and the Authority
judicial complaint for the application of the penalty referred to in Article 14 of this Act. 3
. The certified report be drawn up in one original, withheld by the police body, which is provided with a copy to the person
. A certified copy shall be sent to the Authority, respectively
Judiciary and the Office of Patents and Trade Marks State.
4. In the event that the breach relates to goods, products or packaging, the police forces
proceed to their firm precaution and taking a sample, drawing up the minutes which
prove all elements.
In the minutes must in every case appear in the statement of the firm's owner or his
representative or holder of goods that it was aware of the notice
regularize the good within the meaning and the effects of 'Article 15, paragraph 3, of the present law and
be informed of the period allowed for the regularization without further notifications.



Art.13 (Fees due for commercial use in excess or without authorization)

1. The commercial use of the emblem and the emblems referred to in Article 9 Excess

Than the thresholds set by the authorization and the contract gives rise to the payment of the compensation had to use
surplus, increased by 50%.
2. The use without authorization gives rise to the payment of a fee set
by the Patents and Trade Marks State, after consultation with the Commission under Article 11, on the basis of
as provided in paragraph 3 of ' Article 8. This fee is increased by 50%. 3
. We will take steps to recover the sums due under the contract and the applicable rules.



Art.14 (Sanctions)

1. Unless the act constitutes a crime, violations of this law are punishable by
administrative fine of competence of the Law Commissioner by a minimum of Euro 1,000.00
to a maximum of Euro 10,000.00.
5
2. The Law Commissioner, with the imposition of the fine, order that
confiscation of the goods, the possible destruction of it or devolution to the public exchequer, or
removal from the building of the coat of arms and emblems expense of the offender. 3
. And 'repealed Article 407 of the Criminal Code.


- TITLE IV - TRANSITIONAL AND FINAL RULES




Art.15 (Transitional provisions)

1. For a period of one year from the entry into force of this Act or until
exhaustion of any stocks, institutional bodies, institutions and public sector offices expanded
, notaries are authorized to use the stamps, seals, printed material or other material varied
reproducing the official emblem in version not permitted by this Act.
2. Holders of permits issued to implement Law 16 March 1988 n. 47
are required to meet the provisions of this Act within 180 days of its entry into force
by the new request for authorization charge, to withdrawal from previous authorizations
penalty. 3
. On a transitional basis from the date of entry into force of this Act and for the period
than a year, the police forces, where they find violations of this Act, shall make the
finding of fact, the arrest of the precautionary goods and the taking of a sample, and ordered to
offender proceeding to seek authorization, within the deadline of 90 days from the date of the determination
.
4. If the offender fails to comply, within the prescribed period or if the authorization
is not granted, the police forces who carried out the finding proceed
complaint to the Judicial Authority for the implementation of Article 14 of this law. It shall also apply Article 13



Art. 16
(Return)

1. And 'it delegated to the Regulation concerning the modalities for use by the State of
official coat of arms, for the production of goods reserved for direct use by institutional organs.
2. In order to standardize the graphic image of institutional bodies, institutions and offices of the Broader Public Sector
, it is left in regulation defining the playback mode and press the
official crest on letterhead and on any other apparatus visual identity and communication
. 3
. In order to provide economic operators, institutions and private associations
San Marino a promotional tool, is left to regulation defining special
hallmark with the purpose of indicating that they come from the Republic of San Marino | || as well as the discipline of the relevant procedures for the granting and use.
4. In order to protect the arms of the Castelli from imitations or misuse
it is delegated to delegate decree defining the graphical models of the same.

Art.
17 (Allocation of income)

1. The proceeds from the application of this Act shall be charged on a special chapter of entry
of the state budget.

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Art.
18 (Repeals)

1. And 'he repealed the law 16 March 1988 n. 47.
2. They are also repealed all rules which contravene this Act.


Art.
19 (Entry into force)

1. This Act comes into force on 15 January 2012.
2. The application of Title III and the applicable provisions relating to begin as from 1 March 2012.



Our Residence, this day of December 5 2011/1711 dFR



THE CAPTAINS REGENT
Gabriele Gatti - Matteo Fiorini







THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta



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