Concept Store Layout and Copyright: Italian Supreme Court, Civil Division, Judgment No.8433 of 30 April 2020

摘要

In a recent decision, the Italian Supreme Court has confirmed that plans and layouts of a concept store are eligible for copyright protection as "works of architecture" if the furnishing elements are "creatively combined", irrespectively of any "aesthetic character".Parasitic competition has to be ascertained in a "timely manner" and "precisely". Although copyright infringement damages are "in re ipsa", equitable assessment of damages cannot be arbitrary.