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Software Tutor: the owner is not “Autostrade per l'Italia”

  • 08/04/2019

The Court of Rome, with the sentence no. 120 of 4 January 2019, has rejected Autostrade per l'Italia’s claim for the ownership of the SICVe software, stating that Autostrade per l’Italia cannot be considered the intellectual property owner of the average speed control system, and neither the owner of the related software.

The Court stated that Aspi has not demonstrated the paternity of the system, limiting itself to "assertive statements” in which it just claims the "novelty of the software”. According to the judges, the plaintiff bears the proof of the "positive opposite", that is the demonstration of the ownership of intellectual property by the actor himself or by anyone else from the defendant.

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