Imitation of Products : Registered Design, Unfair Competition and Copyright Protection.

Imitation of Products : Registered Design, Unfair Competition and Copyright Protection.

Journal article

1 online resource (pages 1080–1082)

Law 633/1941 on the Protection of Copyright and Neighbouring Rights, Art. 2, first paragraph, point (10); Legislative Decree No. 30 (Industrial Property Code), Arts. 33 and 125; Civil Code, Arts. 1226, 2056, 2598 and 2600 – Thun Headnotes by the Editorial Office 1. The display of a product in an exhibition can be one of the factors to be considered for recognising its artistic value and eligibility for copyright protection. However, more than this ground may be required for the latter purposes. 2. Unfair competition by slavish imitation can be found independently of an infringement of industrial design rights. 3. To determine whether products can be confused due to slavish imitation, the products must be compared not through a detailed and distinct examination of their individual distinguishing features but through their overall impact, taken as a whole, from the consumer’s perspective.

Crossref

GRUR International, 2632-8550 ; 72, 11, 2023.

[Oxford, England] : Oxford University Press (OUP), 2023

Anglais

https://academic.oup.com/grurint/article/72/3/231/6998505

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