The thesis investigates the relationship between industrial design, intellectual property rights, and legal translation, with a focus on the protection of luxury brands in the contemporary marketplace. Through the case study of Rolex Italia S.p.A. and the judgement of the Ordinary Court of Milan regarding the unlawful online sale of counterfeit wall and table clocks, the analysis adopts a multidisciplinary perspective, integrating legal analysis, business communication strategies, and translation theory. The first chapter outlines the legal foundations of design rights and trademark law, both at the Italian and European levels, highlighting the role of intellectual property rights as a strategic asset, especially in the luxury sectors where brand identity, innovation, and exclusivity are the main sources of competitive advantage. Furthermore, the thesis examines enforcement tools, business repercussions of infringement and unfair competition, and the socio-economic impact of counterfeiting showing how these factors could erode both sales and brand reputation. The second chapter presents a legal translation from Italian to English and the analysis of the Court of Milan's decision, reconstructing the facts, exploring the main legal issues, and interpreting the judge's reasoning. It clarifies the responsibilities and vulnerabilities of companies and digital intermediaries in a globalized market, addressing the regulatory challenges faced by hosting providers, the importance of injunctive remedies, and the social consequences of an incisive legal enforcement. Special attention is given to economic and repetitional harm impacting various stakeholders and brand management strategies. Finally, the third chapter of the thesis provides a commentary on the legal translation presented in the previous section. The methodological approach and techniques are illustrated, focusing on the difficulties in rendering legal reasoning and specialized terminology in English. The study tackles the challenges posed by linguistic and legal system differences, emphasizing the importance of precision and clarity in legal communication. The thesis ultimately demonstrates that only by integrating legal, strategic and communicative approaches companies can actually protect their brand assets nd respond to the challenges posed by the global market.
Industrial Design Protection: Legal Strategies and Brand Implications in the Luxury Industry.
ALBERGHINI, LUCREZIA
2024/2025
Abstract
The thesis investigates the relationship between industrial design, intellectual property rights, and legal translation, with a focus on the protection of luxury brands in the contemporary marketplace. Through the case study of Rolex Italia S.p.A. and the judgement of the Ordinary Court of Milan regarding the unlawful online sale of counterfeit wall and table clocks, the analysis adopts a multidisciplinary perspective, integrating legal analysis, business communication strategies, and translation theory. The first chapter outlines the legal foundations of design rights and trademark law, both at the Italian and European levels, highlighting the role of intellectual property rights as a strategic asset, especially in the luxury sectors where brand identity, innovation, and exclusivity are the main sources of competitive advantage. Furthermore, the thesis examines enforcement tools, business repercussions of infringement and unfair competition, and the socio-economic impact of counterfeiting showing how these factors could erode both sales and brand reputation. The second chapter presents a legal translation from Italian to English and the analysis of the Court of Milan's decision, reconstructing the facts, exploring the main legal issues, and interpreting the judge's reasoning. It clarifies the responsibilities and vulnerabilities of companies and digital intermediaries in a globalized market, addressing the regulatory challenges faced by hosting providers, the importance of injunctive remedies, and the social consequences of an incisive legal enforcement. Special attention is given to economic and repetitional harm impacting various stakeholders and brand management strategies. Finally, the third chapter of the thesis provides a commentary on the legal translation presented in the previous section. The methodological approach and techniques are illustrated, focusing on the difficulties in rendering legal reasoning and specialized terminology in English. The study tackles the challenges posed by linguistic and legal system differences, emphasizing the importance of precision and clarity in legal communication. The thesis ultimately demonstrates that only by integrating legal, strategic and communicative approaches companies can actually protect their brand assets nd respond to the challenges posed by the global market.| File | Dimensione | Formato | |
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https://hdl.handle.net/20.500.14251/4486