In the field of software—and more broadly in the realm of intellectual works—non-specialists often assume that the original copyright holder is the individual or company responsible for its creation. In reality, this is not always the case. In many situations, the creator and the holder of the economic rights are different parties from the outset.

This issue was recently addressed by the IP Court of Brescia (order of 14 April 2025), which was called to resolve a dispute between two former partner companies, both claiming ownership of  software developed by one of them, to manage the electronics of industrial machines manufactured by the other.

The Court clarified that, pursuant to Directive 2001/29/EC, Member States cannot apply the criterion of material reciprocity (Art. 2(7) of the Berne Convention) to works of applied art from third countries.

The Court confirmed the judgment of the Milan Court of Appeal, which denied copyright protection to the lamp pictured on the left, in respect of the one on the right. It also mentions Cofemel and the need to disapply the artistic value requirement.

The Court granted copyright protection but concluded that the shape of the Vespa might not be entitled to 3D trademark protection as it would be a “shape that gives substantial value to the product “. The next day, the EU General Court annulled the EUIPO BoA decision which had declared the same trademark null and void due to a lack of distinctive character.

Among others, the Italian Communication Authority can order ISPs, ex parte, to block access within 30 minutes to unauthorised transmissions of live content and premieres of audiovisual content, including sport events

(picture by Lisa Fotios - pexels.com)

Three years after COFEMEL, the Italian trial courts still seem far from recognising that copyright protection cannot be conditional on the existence of any artistic value. Here are the most relevant decisions on the matter.

Various exclusive rights can be granted over blockchain technologies in Italy, including in the case of public blockchains

The Court of Milan has recently issued sentence no. 10280/2021 on the protection of three-dimensional trademarks corresponding to the shape of the well-known “Le Pliage” bags.

The Court ruled in a copyright dispute between Mrs. Maria Sofia Pisu, granddaughter of the late artist Maria Lai, and the foundation established by Maria Lai herself.

The Court ascertained that the author of a so-called “simple photograph” has the right to compensation for damages deriving from its unauthorised publication by another party.

The ECJ returns to the subject of the framing of works protected by copyright