Section: Software Software

The texts inserted on the web are protected by the law on copyright like all the other texts published in the traditional way, therefore the author claims, on the Internet pages, the rights as stated by the law. In particular, as the authors of the text, you have the sole right to use and modify […]

This case is rather complex. First of all, you need to properly evaluate if whatever has been achieved is, or not, a work protected by the law on copyright, or if it is simply a mere compilation with very little creation. If the made pages are really simple and anyone could make them without any […]

The idea of making an Internet site offering a particular service cannot be protected as the idea per se, whilst it is surely possible to get exclusive rights over the type of site that will be created, preventing others to reproduce the graphics, texts and the main setting-outs. Besides, in this specific case, it appears […]

The law on copyright, following the modification made by the regulation n. 518/1992 first and the law 248/2000 afterwards, undoubtedly protects the programs for the computer, this beyond any discussions about their possible patenting. So, if a firm has made an innovative programme, feels that the one of a competitor is similar, can surely go […]

Considering that, obviously, two Internet sites having the same subject or the same service can co-exist, as it is not possible to claim the exclusivity on the type of dealt business, the main problem is to evaluate if in effect the two sites have been copied one from the other as there are no parameters […]

The Internet site, if innovative and original, must be considered an intellectual work and, as such, is protected by the law on copyright. Without getting into the merit of judicial complex discussions related to the type of right emerging from the site as is, it is correct to say that the publishing of a text […]

There are a lot of disserting opinions over the link. This consists in a cross-reference, from one Internet page to another page of the web, allowing the user to easily move in the web from one space to another. However, even though this is a technical tool necessary to the navigation, in fact this operates […]

The use of a musical piece from Internet, as from any other place, is not possible without first having gotten the authorisation of those claiming their rights. Really the SIAE is the only body where one can turn to as the situation could become very complex according to the type of song one wants to […]

There are some technical expedients making downloading photographs from Internet difficult, or at least inconvenient. Amongst these systems there are electronic marks, with which a kind of electronic watermark is affixed to the photos so to make them easily traceable every time someone uses them illicitly. However, even without resorting to these measures, it deserves […]

The ownership of a registered trademark, in effect, gives the possibility to prevent others using that same name in the correspondence and in any other type of commercial use, including the use on Internet. With reference to this there are many sentences confirming this statement and only three are of different opinion, therefore, by legally […]

By now almost constantly the judges decide the cases regarding the domain names by applying, in an analogue way, the trademarks regulation and considering them distinctive marks even though, in most cases, untypical. Considering this, the fear related to the risks we might incur or the disadvantages we could have, registering the domain as a […]

The domain names ending with “.it” (i.e. Ferrari.it) get assigned by the Italian Register without checking-up for any pre-existing marks similar or identical to the requested name. Therefore it is not at all “strange” that there is a domain name identical to a registered trademark, in fact these situations often arise. To evaluate whether there […]

Surely the used name to distinguish an Internet site can validly be registered as a trademark. As the site is all in Italian, the advisable thing to do is to proceed with the trademark registration in Italy, because the trademark rights are important, not due to the place where the domain was acquired, but rather […]

There could really be a possibility that the firm could demand in its favour the registered domains, but to establish this we need to examine the situation carefully. First of all it is necessary knowing the nature of the names of the used games. If these are generic names and of common use, for example […]

With the registration at the SIAE of an inedited work we do not make a deposit of a patent application, but we simply make a deposit of a creation already protected as is according to the law on copyright, for the purpose of having a determined date testifying the work creation by certain authors at […]

It is very difficult to protect this kind of idea as it is not realised as a tangible work, but with the purpose of getting an entertainment result. Even though they are not specifically covered by this law, games are usually deposited at the SIAE in order to claim ownership, like literary works, records, drawings. […]

The question of the open source is more complex than it has been described even though there is some truth in these statements. With the definition of “open source” we indicate those programs distributed with the “open” code, meaning the source code that can be read and eventually improved by anyone. A programme of this […]

In such cases, the owner of the economical rights of exploitation of the programme is the client commissioning the work and who paid the programmer for it. If the client restricts himself to describing what he wants, but does not participate to the programming, I don’t think he can be considered a co-author, unless his […]