The New Italian Regulation on Copyright Enforcement : Comparative and Critical Remarks

At the end of December the Italian Communications Authority (Agcom) unanimously approved a new regulation on copyright enforcement for on-line infringements. This Regulation, which does not imitate any previous European or US legislation, holds a specific procedure which can be used by copyright holders in case of infringements of the so-called digital works. The paper provides a legal analysis of this new Regulation, remarking the most relevant issues, with specific reference to the right to defense and to the balance of different interests of ISPs and IPRs holders. The last section of the article underlines the main differences between the Agcom solutions and the Frech Hadopi law, also dealing with the lack of European harmonization which could be caused by the single national regulations