We have previously reported on several references from the Italian Courts to the European Court of Justice concerning "resurrected" copyrights. Before the Design Directive 98/71, copyright was largely denied to designs, but this was incompatible with the "cumulation" provided for by Article 17 of the Directive. But what to do about those resurrected copyrights, particularly those where infringement had already started, given the lack of transitional provisions in the Directive?
Professor Cesare Galli of IP Galli Law Firm reports, in the International Law Office newsletter, that following the Flos case there is a new Italian law providing for a five year transitional run-in period for continuing infringement - expiring in 2006, however, so that anything on the Italian market in future should be copyright-cleared.
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