Design: The new text of Art. 239 CPI

On 13 May 2011 the Decree Law 70/2011 was published. It has been enacted with the new text of Art. 239 CPI. In particular, Article 8 (10) of the Decree of Development has replaced the text of Art. 239 CPI (already amended several times in recent years) by the following: "The protection granted to designs in accordance with Article 2, No 10) of the Law of 22 April 1941, No 633 (Law on Copyright - LdA, n.d.A.), also includes the works of industrial design which, before the date of April 19, 2001, had fallen into the public domain by the cessation of the effects of the registration. However, third parties who had manufactured or marketed in the twelve months prior to April 19, 2001, products made in accordance with the works of industrial design since become public knowledge following the expiry of the effects of registration, are not in violation of copyright carried out by pursuing this activity even after that date, only for the products manufactured or purchased by them before April 19, 2001 and those manufactured by them for five years after that date and provided that such activity has remained within the limits of the prior use small quantities”. The new provision would thus seem to provide that, amongst the works realized before April 19, 2001, the protection of copyright law is applicable only to those that, prior to that date, had been recorded as designs. On the contrary, the not registered works made before April 19, 2001, even if fulfilling the requirements necessary for the enforcement of copyright’s protection (the creative character and artistic value), would not be covered by copyright. The new text of Art. 239 CPI has aroused strong reactions from the industry and the design so that the technicians of the Ministry of Economic Development are working to correct the effects that the new legislation would bring about.


06/01/2011 | Design