The rules in comment where modified by D.Lgs. 140/2006 to comply with the enforcement directive 2004/48/EU. This directive has been absorbed in a different way by the law of Copyright and by the Industrial Property Code and the reason is unclear. The new regulation combines property and liability rules. Regarding liability rules new criteria were introduced in the law of Copyright to liquidate damage. These criteria are: the enrichment realized by the unauthorized user and the price of the missed consent of the author. The Courts used already these criteria before the new regulation was enacted. Among property rules are very important the corrective measures that the competent judicial authorities, at the request of the applicant, may order with regard to goods that they have found to be infringing a copyright and, in appropriate cases, with regard to materials and implements principally used in the creation or manufacture of those goods. Such measures include: removal from the channels of commerce or destruction or the so called “alternative” measures of separation, deposit in a public museum or seizure.
Difese e sanzioni civili (artt. 158, 159, 160, L. 22.4.1941, n. 633
SAVORANI, GIOVANNA
2011-01-01
Abstract
The rules in comment where modified by D.Lgs. 140/2006 to comply with the enforcement directive 2004/48/EU. This directive has been absorbed in a different way by the law of Copyright and by the Industrial Property Code and the reason is unclear. The new regulation combines property and liability rules. Regarding liability rules new criteria were introduced in the law of Copyright to liquidate damage. These criteria are: the enrichment realized by the unauthorized user and the price of the missed consent of the author. The Courts used already these criteria before the new regulation was enacted. Among property rules are very important the corrective measures that the competent judicial authorities, at the request of the applicant, may order with regard to goods that they have found to be infringing a copyright and, in appropriate cases, with regard to materials and implements principally used in the creation or manufacture of those goods. Such measures include: removal from the channels of commerce or destruction or the so called “alternative” measures of separation, deposit in a public museum or seizure.
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