ITALY Law and Practice Contributed by: Monica Riva, Alessandra Ottolini, Francesco Chierichetti and Giulia Ghidini, Legance
Industrial Designs and Applied Art Industrial designs and works of applied art may also be protected by copyright where they meet the originality threshold. Italian law still refers to creative character and artistic value for applied art, but this requirement is interpreted in light of EU case law, which focuses on whether the work reflects the author’s own intellectual creation. Copyright may coexist with design protec- tion where each regime’s requirements are indepen- dently satisfied. 3.2 Requirements for Copyright Protection Copyright protection requires the work to be original, in the sense that it reflects the author’s own intellec- tual creation and creative choices. Protection covers the form of expression, not ideas, methods, principles or information, as such. Italian law does not require registration, deposit or other formalities. Copyright arises automatically when the work is created and expressed in a perceptible form. Registration or deposit may nevertheless be useful for evidentiary purposes – for example, to prove authorship, date of creation or chain of title. 3.3 Authorship and Ownership The author is the natural person who creates the work. A presumption of authorship applies to the person indicated as author on the work or announced as such in its use, including through pseudonyms or stage names where they are commonly recognisable. Where a work is created through inseparable and indistinguishable contributions, copyright belongs jointly to all co-authors, and their shares are presumed equal unless otherwise agreed. In collective works, the person who organises and directs the creation is treated as the author of the collective work, while indi- vidual contributors retain rights in their own contribu- tions, subject to the applicable agreements. Employees and Contractors There is no universal rule automatically assigning all economic rights to an employer or commissioner. Ownership depends on the type of work, the employ- ment or services agreement and the purpose for which the work was created. In employment relationships, the employer generally acquires the economic rights
• interim and final injunctions; • seizure; • withdrawal from the market; • destruction or assignment of infringing goods; • damages; • recovery of profits; and • publication of the decision. Interim measures are widely used in counterfeiting and urgent cases. Criminal sanctions may apply in cases of counter- feiting and commercialisation of counterfeit goods. Customs measures are also available under the EU customs enforcement framework, allowing customs authorities to detain goods suspected of infringing trade mark rights. 3. Copyright 3.1 Legal Framework and Copyrightable Works Italian copyright law is governed primarily by Law No 633 of 22 April 1941 (the Copyright Law), as amended over time, together with relevant EU directives and regulations. Protection covers creative works of the human intel- lect in any mode or form of expression. The statutory list is not exhaustive and includes: • literary, dramatic, musical, scientific and educa- tional works; • works of figurative art, architecture, theatre and cinematography;
• photographs; • software; and • databases.
Software is protected as a literary work where it is original. Databases may be protected by copyright where the selection or arrangement of their contents reflects the author’s intellectual creation, and may also benefit from sui generis database protection where the statutory investment threshold is met.
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