La tutela penale della proprietà intellettuale: dal Codice Rocco all'età digitale

The paper deals with the criminal regulation of intellectual property rights, analyzing the huge and layered legislation on trademarks, appellations of origin, “made in Italy” and copyright. Having considered the transformations of counterfeiting phenomena and in accordance with the principle of subsidiarity, the study aims to investigate the effectiveness of various repressive measures recently introduced in an area subject to intense pressures of criminalization, in order to encourage greater rationality in punitive intervention together with a more marked sensibility on the predictability of judicial decisions. Among the research questions of the work, and thanks to a 'case law' approach, there are: the need to verify the existence of a criminal statute of Internet Service Providers, as well as an evaluation of the individual consumer / buyer position. A broad space is also devoted to the understanding of the common law models and in particular the US federal law encouraging comparative analysis between Italian and European standards.