L'agganciamento da metafora a realtà: il supporto materiale dell'opera altrui come veicolo di un comportamento parassitario contrario ai principi della correttezza professionale

In 2022, the Court of Bologna decided that the act of applying a cover bearing advertisements on a newspaper is “parasitic”, “speculative” and “against the code of business ethics” in that it aims to benefit from the reputation of a distribution channel established by the publisher and can harm the appeal of the newspaper’s advertising. This case of “parasitic attachment” confirms the Italian Courts’ attitude to assume the general clause established in art. 2598 n. 3 c.c. is aimed at protecting the investments of the single business or company almost as if they were property rights. This trend has been marked over time: by the protection granted against non-confusing imitations; the application of the misappropriation of merits to any attempt of benefiting from the notoriety; and the extension of the censures to the behaviours connected to the labour market regardless of the existence of non-competition agreements or beyond the obligation of loyalty. It is a direction that looks at the unfair competition doctrine as primarily oriented towards the protection of the interests of entrepreneurs, neglecting its relationship with market and consumer rules and protection. This relationship is otherwise enhanced by an interpretation of the general clause linked to the respect of the principles and rules to which the exercise of the right of economic initiative is subject.