Design protection Italian style
Mario Franzosi · Journal of Intellectual Property Law & Practice · 2006
Legal context and key points. The particular geographical structure of Italy has favoured the development of parallel cultures that in the past competed not only with spears and arrows, but also with works of art -hence, the particular sensitivity of the Italians for design. The Community regime of design is highly unsatisfactory, and the “individual character” required for protection is an evanescent concept. “Design approach” is a sexy expression, but devoid of practical significance. The risk is therefore of excessive protection, of the hugely and non-distinctive.This is not welcomed by the Italians and may also damage the development of design. Practical significance. An independent (non-judicial) body has been created in Italy, to adjudge (or rather, advise) when a work of design deserves protection. It is suggested that a similar independent body be created on a European scale (and perhaps this Journal may function as a catalyst for this endeavour).