Le clausole generali organizzative dell’immateriale

While regulation of intangible resources has been traditionally focused on the objects of law (e.g., in the case of intellectual property) it is now often referred to the subjects (such as cultural and innovative enterprises that use and treat such resources) by providing substantial organizational duties written as standards (or we may say «general clauses») rather than rules. The present work takes these clauses to a common category (i.e. «general organizational clauses of the intangible» or «GOI clauses») and proposes a teleological approach to qualify adequateness, at the interplay between single GOI clauses and the general duty to adopt adequate measures. This proposal does not have a merely practical implication since it is rather aimed at pursuing a broader purpose and provide a different perspective on this issue. In particular, the proliferation of duties for the company operating in the intangible sector, consistent with a trend in legal regulation, can represent a significant element of legal and factual imbalance for the company that innovates: these risks will be substantially reduced if the weighting of the standards of adequacy of these duties will be built on a full «teleological awareness» of the sector regulations involved and on a closer dialogue between intellectual property and other areas of business law.