La violazione della proprietà intellettuale come lesione del potere di disposizione. Dal danno all'arricchimento

Translated title of the contribution: [Autom. eng. transl.] Infringement of intellectual property as an injury to the power of disposition. From harm to enrichment

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The essay is inscribed in the methodological perspective in which the author analyzes each time the relationship between a second right and general private law. In this case the area of protection of intellectual property is checked, in relation to the exercise by the non-owner, in the light of the general institutions of civil liability and enrichment. The distinction between counterfeiting and usurpation, which would seem to lead, again for the purposes of economic recovery, to civil liability, instead correspond respectively to the same responsibility and unjustified enrichment, institutions that pose themselves in response to different economic profiles. There where the responsibility proves to be insufficient it is possible to refer to the discipline of unjustified enrichment. In view of this outcome, which had already been presented in general, the formal profiles are provided that can justify a differentiated and more proper treatment of the events of damage to intellectual property.
Translated title of the contribution[Autom. eng. transl.] Infringement of intellectual property as an injury to the power of disposition. From harm to enrichment
Original languageItalian
Pages (from-to)7-16
Number of pages10
JournalIL DIRITTO INDUSTRIALE
Publication statusPublished - 2003

Keywords

  • arricchimento ingiustificato
  • contraffazione
  • proprietà intellettuale
  • responsabilità civile
  • usurpazione

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