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“Pure” unfair competition and “interfering” unfair competition: the opinion of the Court of Cassation

  • 09/07/2019

With order no. 17161 of June 26, the Court of Cassation, Civil Sect. n. VI, stated about the difference, already developed by the jurisprudence, between “pure” unfair competition and “interfering” unfair competition.

In particular, the offense is considered to be “pure” unfair competition, when the verification of the infringement of the law doesn’t interfere with the exercise of the exclusive rights.

The judges identified this difference as per article 134 of the Decree no. 30 of February 2005 (I.P. Code).

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