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About CBA Studio Legale E Tributario

4alleria !an Carlo 7 '($'' #ilan Italy T: A2% (' ;;8(7$ B: A2% (' ;7('$8$7

CB !tudio "egale e Tributario was born by the union of two ta* and legal firms& CamoCCi Bonissoni Darrenti E ssociati and !tudio ssociato "C - a66ocati e commercialisti d=impresa& combining two strong and multi-year practices in the field of legal and ta* assistance rendered to a wide 6ariety of Italian and foreign industries and companies/ t the present CB !tudio "egale e Tributario is composed of )@ partners and more than $8( professionals/ The de6elopment of the firm is a response to the new re>uirements of our clients and the mar,et/ The firm is strongly represented in Italy with

Italian Online Enforcement Copyright Regulation

Posted by: CB !tudio "egale e Tributario on #arch $%& '($) in IP-IT law& Italy

offices located in the most important towns such as #ilan& .ome& Padua and Denice/ Its international 6ocation is the e*pression of its clientele/ "egal& regulatory and ta* issues are closely related and are becoming more and more entwined/ "aws and regulations are sub?ect to continuous e6olution and change/ 0ur priority is to pro6ide clients with effecti6e and realistic solutions co6ering both the Italian and the international legal and ta* aspects of their doing business/

Copyright holders can now benefit from new and e*pedited +notice and ta,e down- proceedings to stop infringement of their IP. in Italy/0n $' 1ecember '($2& the Italian #edia uthority 3hereinafter + 4C0#- or + uthority-5& after an e*tensi6e public consultation process& by means of .esolution 78(9$29C0:!& appro6ed and published its .egulation on online copyright enforcement by adopting "egislati6e 1ecree dated % pril '((2& :o ;(& implementing the <uropean 1irecti6e '(((92$9<C 3+1irecti6e on electronic commerce-5/

The 4C0#=s .egulation will enter into force on 2$ #arch '($)/ Its purpose is to foster the distribution of digital wor,s and its lawful fruition by pro6iding effecti6e legal means to fight digital piracy/ The new .egulation focuses only on copyright 6iolations through internet ser6ice pro6iders& to which the 4C0#=s orders shall be addressed& with the e*clusion of final users 3downloading and peer-to-peer transmission5/
Fe ,eep continuous relations with the leading uni6ersity professors& as well as the representati6es of the most important economic institutions in the country& such as Banca d=Italia& Consob& GIC 3Italian Boreign <*change 0ffice5& the #inistry of Treasury and Binance& the #inistry of <conomic cti6ities and the #inistry of Boreign ffairs/

The procedure begins by notifying the 4C0# -using a form a6ailable on its website- the rele6ant infringement/ 4C0# communicates the start of the proceedings to the rele6ant ser6ice pro6ider& as well as& if traceable& to the uploader and to the webpage and website manager3s5& re>uesting them to 3i5 comply with the rights holder=s re>uest or 3ii5 ob?ect to the rights holder=s re>uest/ In case of ob?ection or failure to react to the infringement notice& the matter is referred to 4C0#=s ?udicial body 3a panel of four commissioners chaired by the President of the uthority5 within fi6e days/ s a rule& the panel shall issue its decision within thirty-fi6e wor,ing days from the initial re>uest and& if the result is in fa6our of the rights holder& order the Italian I!P to 3a5 either +selecti6ely remo6e- the infringing content or& in case of +massi6e- infringement& +disable access- to the website when the ser6er is on the Italian territory and 3b5 if the ser6er is located abroad& pro6ide a mere conduit ser6ice to +disable access- to the website that hosts infringing content/ Therefore& users trying to access the website may be automatically redirected to an 4C0#=s webpage informing on the cause of the disablement/ I!Ps shall ha6e three days to comply with 4C0#=s under penalty of administrati6e fines 3from <uro $(&(((/(( to ca <uro '@8&(((/((5/

In case of urgency& 4C0# will decide within twel6e days from the filing of the complaint/ 4C0# decisions may be appealed before Italian administrati6e courts& but are enforceable if not suspended by the court/

By: Luca Ferrari with the assistance of Marco Vittorio Tieghi

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23/04/2014

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