Federica Minio

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The "right of color" namely its legal protection through industrial and intellectual property rights

  • Abstract

Informations and abstract

Keywords: Art Law; Colour Trademarks; Vantablak; International Blu Klein.

The article, starting from the case of the exclusive license obtained by the artist Anish Kapoor on the so-called "Vantablack", a black paint able to absorb almost 100% of the light, questions whether a color may be protected by industrial (patent, knowhow, trademark) and intellectual property rights (copyright). The article then investigates whether a monochrome work may be protected by copyright and which are the criteria for determining when there is plagiarism of the same, in particular in accordance with the principle of the so-called "semantic gap", theorized by case-law in recent years.

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