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Legislative Decree No. 205 of March 15, 1996, on Amendments to Legislative Decree No. 518 of December 29, 1992, concerning the Legal Protection of Computer Programs

LEGISLATIVE DECREE No. 205 OF 15 MARCH 1996

Amendments
to legislative decree no. 518 of 29 December 1992
concerning the legal protection of computer programs

THE PRESIDENT OF THE REPUBLIC

Having regard to articles 76 and 87 of the Constitution;

Having regard to legislative decree no. 518 of 29 December 1992, concerning the implementation of Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs;

Considering that it is necessary to issue provisions amending articles 5, 8 and 10 of the aforesaid legislative decree no. 518 of 1992;

Having regard to para. 5 of article 1 and para. 1 of article 6 of Law no. 146 of 22 February 1994;

Having regard to the resolution adopted by the Council of Ministers on 12 March 1996;

On proposal by the Minister for Balance and Economic Planning, responsible for the coordination of European Union policies, in agreement with the Minister for Foreign Affairs, the Minister of Justice and the Minister for the Treasury;

PROMULGATES
the following legislative decree:

Article 1

1. For the second sentence of paragraph 3 of article 64ter of Law no. 633 of 22 April 1941, as introduced by paragraph 1 of article 5 of legislative decree no. 518 of 29 December 1992, there shall be substituted the following: ‘Any contractual clauses infringing the provisions of this paragraph and paragraph 2 shall be void.’

Article 2

1. For paragraph 3 of article 64quater of Law no. 633 of 22 April 1941, as introduced by paragraph 1 of article 5 of legislative decree no. 518 of 29 December 1992, there shall be substituted the following:

‘3. Any contractual clauses infringing paragraphs 1 and 2 shall be void.’.

Article 3

1. In the final paragraph of article 161 of Law no. 633 of 22 April 1941, as introduced by paragraph 1 of article 8 of legislative decree no. 518 of 29 December 1992, for the word: ‘disconnection’ there shall be substituted the following: ‘elusion’.

Article 4

  1. In the first sentence of paragraph 1 of article 171bis of Law no. 633 of 22 April 1941, as introduced by paragraph 1 of article 10 of legislative decree no. 518 of 20 December 1992, for the words: ‘of between 500,000 and 6,000,000 liras.’ there shall be substituted the following: ‘of between 1,000,000 and 10,000,000 liras.’.
  2. In the third sentence of paragraph 1 of article 171bis of Law no. 633 of 22 April 1941, as introduced by paragraph 1 of article 10 of legislative decree no. 518 of 20 December 1992, for the words: ‘of 1,000,000 liras’ there shall be substituted the following: ‘of 3,000,000 liras’.

This decree, provided with the State’s seal, shall be included in the Official Collection of laws and decrees of the Italian Republic. All concerned shall have to comply with it and to cause it to be complied with.

Done in Rome on the fifteenth day of March of 1996.