NATIONAL LAW IMPLEMENTING THE ENFORCEMENT DIRECTIVE

A. PRIMARY AND SECONDARY LAW

The Enforcement Directive was implemented in Italy through the legislative decree No. 140 of March 26, 2006, which modified and introduced several provisions to the already existing laws on copyright, industrial property and public security. In particular, the Enforcement Directive was implemented by modifying the following pieces of legislation:

Law No. 633 of April 22, 19411 (also known as the “Copyright Act”);

b) Legislative Decree No. 30 of February 10, 20052 (also known as the “Industrial Property Code”);

c) Royal Decree No. 733 of June 18, 1931 (also known as “Consolidated Law on Public Security”).

The Legislative Decree 140/2006 also modified the consolidated law on public security by introducing Article 85bis. This law prohibits the introduction, installation or any other use in any public place of devices or equipment used to record, reproduce, transmit or fi x on any technical support, any work that is protected by intellectual property rights. Furthermore, the owner or manager of the public place or his agent must “give warning of the prohibition” by positioning “an appropriate number of clearly visible signs” in the public place in which the performance takes place.

B. TRANSPOSITION ISSUES

The Italian legislator implemented the Enforcement Directive by enacting the Legislative Decree No. 140/2006 amending several provisions of both the CIP and the CA. Although the Enforcement Directive appears to be mostly implemented, some of its provisions are lacking in the Italian regulation. Specifically: