| Abstract: | Legal context and key points. The particular geographical structureof Italy has favoured the development of parallel cultures thatin the past competed not only with spears and arrows, but alsowith works of art -hence, the particular sensitivity of theItalians for design. The Community regime of design is highly unsatisfactory, andthe "individual character" required for protection is an evanescentconcept. "Design approach" is a sexy expression, but devoidof practical significance. The risk is therefore of excessiveprotection, of the hugely and non-distinctive.This is not welcomedby the Italians and may also damage the development of design. Practical significance. An independent (non-judicial) body hasbeen created in Italy, to adjudge (or rather, advise) when awork of design deserves protection. It is suggested that a similarindependent body be created on a European scale (and perhapsthis Journal may function as a catalyst for this endeavour). |
