Legislative Decree N. 140 Implementing Directive 2004/48/EC

implementing Article 11 of the Enforcement Directive in the following terms:

(1) amending Article 156 of the Italian Copyright Law as follows: "who has reason to fear the violation of an economic right to which he is entitled by virtue of this law, or intends to prevent the continuation or repetition of the violation has already occurred both on the part of a direct infringer and an intermediary whose services are used for such a violation may take legal action to ensure that its legal right is established and the continuation of the infringement prohibited; uttering the injunction, the court may fix a sum due to any breach or non-observance subsequently recorded or for any delay in the execution of the measure"

(2) amending Article 163(1) of the Italian Copyright Law as follows: "The holder of an economic right may require that an injunction is ordered against any activities, including those making up the services of intermediaries, that violates the economic right itself according to the rules of the Code of Civil Procedure relating to interim proceedings."

(3) amending Article 124(1) of the Legislative Decree N. 30, February 10, 2005 or Italian Intellectual Property Code as follows:  "by a judgement ascertaining the infringement of an industrial property right, an injunction from manufacturing, trading and using the items infringing the relevant right and the definitive removal from the channels of commerce towards who owns them or have them available can be ordered. The injunction and the order of the definitive withdrawal from the market can be ordered also against any intermediary which is part in the proceeding and whose services were used to infringe an industrial property right."