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La competenza per materia delle sezioni IP

Author(s): Luigi Carlo Ubertazzi

Journal: SCRIPT-ed
ISSN 1744-2567

Volume: 1;
Issue: 4;
Start page: 611;
Date: 2004;
Original page

Keywords: IP | Italy | sections

Italian Law 12/12/2002, n. 273 [0] as implemented through the Legislative Decree 168/2003 [1] has created "specialized sections" for IP-related matters in the courts (both first and second level) of Bari, Bologna, Catania, Firenze, Genova, Milano, Napoli, Palermo, Roma, Torino, Trieste and Venezia. These sections "deal with cases of national and communitarian trademarks, patents for inventions and new plant varieties, utility models, pictures and models, author rights and all cases of unfair competition when these cases interfere with the protection of industrial and intellectual property". This paper discusses the different positions of Italian law scholars and lawyers as to whether the list of subjects, on which the specialized sections are competent as written in the law, is intensive or extensive - in other words, whether the specialized sections should take care *only* of the matters that the law clearly specifies, or whether they should take care of everything "related to" intellectual and industrial property. In this paper several justifications are made for giving full responsibility to IP sections over all law cases dealing with intellectual property (extensive interpretation), together with a rebuttal of the most relevant positions advocating an intensive interpretation of the law.
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