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ARTICLE · 24 MARCH 2021

Copyrightable Designs Under Italian Law

On January 25, 2021, the Milan IP Court (decision No. 491/21) again granted copyright protection to the Moon Boot ® branded boots by Tecnica Group S.p.A., i.e., the famous après-ski boots in...

ItalyIntellectual Property

On January 25, 2021, the Milan IP Court (decision No. 491/21) again granted copyright protection to the Moon Boot ® branded boots by Tecnica Group S.p.A., i.e., the famous après-ski boots in vogue since 1970.

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According to the Milanese judges, the Moon Boot ® branded boots deserve copyright protection because they meet both the legal requirements of creative character (i.e., originality) and artistic value (i.e., an additional degree of originality deserving recognition by art critics and the art world, in general).

As a consequence, Tecnica Group is entitled to full copyright protection (in our case the author is still alive and under the rules in force, copyright shall subsist for the life of the author and 70 years thereafter), which, in practice, means Tecnica Group is entitled to obtain an injunction and damages against the reproduction and elaboration of Moon Boot® branded boots, as well as their distribution and advertising. The following are

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