Industrial and intellectual property, industrial design, works of the figurative arts and industrial design, industrial production, unfair competition for appropriation of the merits and work of others, parasitic competition, unjustified enrichment, compensation for damages, Court of Cassation, I Civ. Sec., Judgment n. 658 of 12/01/2018
Orientation of the jurisprudence of legitimacy in the matter of industrial design, affirmed, however, in the period following the ruling of the contested judgment, according to which the artistic value of the work consists not in the diversity of the same compared to other pre-existing ones, which relates more to the profile of creativity, but in a quid pluris, whose proof belongs to the part that invokes its protection, and which can be derived from a series of parameters, not all necessarily co-present in concrete, such as the creation by a well-known artist, the recognition of subsistence of aesthetic and...
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