“KIKO v. Wycon”Decision of the Supreme Court of Italy (Corte Suprema di Cassazione) 6 February 2020 – Case No. 8433/2020

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Copyrightability; Interior design; Store layout; Expressive form; Plagiarism; Counterfeiting;
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An interior design project or work, of unitary conception, adopting a defined and visually appreciable scheme, which reveals a clear “stylistic key”, of individual components organized and coordinated to make the environment functional and harmonious, or rather manifest the personal imprint of the author, can be protected as a work of architecture pursuant to Art. 2 No. 5 of the Italian Copyright Act (“drawings and works of architecture”).This is so regardless of the requirement of inseparable incorporation of the furniture elements with the building or of the fact that the individual furnishing elements that compose it are simple or common and already used in the sector, as long as the result is an original combination, not imposed by a technical or functional problem.To be protectable, the work of interior design must always be identifiable and recognizable as a unitary work of the author, due to precise choices in the composition of its elements.
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页码:82 / 91
页数:9
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