La tutela dei diritti di proprietà intellettuale sulle varietà vegetali tra istanze risarcitorie e restitutorie

The contribution aims to provide an overview of the broadly compensatory framework applicable to violations of a European plant variety right, comparing the system outlined in Article 125 of the Italian Industrial Property Code – implementing Directive 2004/48/EC on the enforcement of intellectual property rights (the so-called Enforcement Directive) – with that established by Regulation (EC) No. 2100/94 on Community plant variety rights, as further detailed by Implementing Regulation (EC) No. 1768/95 and relevant European case law. This paper serves as a starting point for further reflections on whether and how the special nature of agricultural law should influence the remedial and contractual framework. In the background remain fundamental issues concerning the multifunctionality of civil liability, as well as the still unresolved relationship between compensation for damages and unjust enrichment.