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1 minute Martini Manna

This is what we are, in a little more than 60 seconds.
Questo è ciò che siamo, in poco più di 60 secondi.

Compensation of damages due to the infringement of copyrights of the Magistretti-Flou bed

By decision of 18 July 2017 (docket no. 8066/17), the IP Court of Milan sentenced a number of companies to compensate the damages caused to Flou S.p.A. through the marketing of copies of the “Nathalie” bed designed by Vico Magistretti. We have already spoken about the copyright protection of […]

According to the Milan IP Court, the rights to Gio Ponti’s 811 armchair belong to Molteni, not to Cassina

By order of 9 May 2017, the Milan IP Court decided on a preliminary proceeding concerning a dispute that arose just before the last Salone Internazionale del Mobile – the famous Italian international furniture fair – between two of the biggest Italian furniture companies: Molteni & C. S.p.A. and […]

KOKITUSS infringes the OKI trademark, the IP Court of Milan states

In recent judgment no. 7204/17, the IP Court of Milan compared the well-known OKI trademark of the pharmaceutical company Dompè (the plaintiff) with the KOKITUSS, KOKIDEC and KOKIMUCIL trademarks of Pool Pharma (the defendant), concluding that the latter infringe the first.

Specifically, the Court held on the one hand, that […]

According to the ECJ, the management of a platform like The Pirate Bay can constitute copyright infringement

The European Court of Justice (ECJ), by ruling of 14 June 2017 (case C-610/15), returned to interpret the notion of “communication to the public” under Art. 3(1) of the so-called Infosoc Directive (2001/29/EC). The decision originates from a reference for a preliminary ruling proposed by the Dutch Supreme Court […]

The Brescia IP Court on the prior disclosure of the patented invention

The original Italian version is published onDiritto 24 – Il Sole 24 Ore

Recent decision no. 1887/2017 of the Brescia IP Court dealt with the issue of the prior disclosure of the patented invention making the patent invalid for lack of novelty. This issue is regulated by Art. 46 Italian […]

Food names: tofu is not butter, the ECJ says

The European Court of Justice (ECJ) on 14 June issued an important decision on plant-based foods, noting that they cannot be marketed under “butter”, “milk” or “cheese” names because EU law reserves these for products of animal origin (C-422/16).

The case regarded a German company which produces vegetarian and vegan […]

To the ECJ, the sale of devices allowing the TV streaming of online copyright-protected works without the consent of the right holders is unlawful

By ruling of 26 April (case C-527/15), the European Court of Justice (ECJ) stated on a reference for a preliminary ruling proposed by a Dutch court in the context of a dispute between Stichting Brein, a foundation protecting the interests of copyright holders, and a seller of multimedia players allowing […]

Italy finally transposes the Barnier Directive but confirms the monopoly of SIAE on the collective management of online musical works copyrights

On 11 April, Italian Legislative Decree no. 35/2017 implementing the so-called Barnier Directive, i.e. Directive no. 2017/26/EU on the collective management of copyrights and the multi-territorial licensing of rights for the online use of musical works, entered into force.

Thanks to this decree, today the holders of copyrights and related […]

Advertising non-prescription medicines is lawful even if they are not OTCs, says the Italian Council of State

By decision no. 2217/2017 of 12 May, the Italian Council of State affirmed the possibility of advertising not only over-the-counter medicines (OTCs) but all medicines that can be bought without prescription (NPMs), save the need to obtain the prior approval of the Ministry of Health for the individual advertisements.

The […]

Milan: ready to step up for the UPC

Article published on World Intellectual Property Review.

“The Milan local division of the Unified Patent Court is nearly ready to start work and, if after Brexit a central division seat of the court is taken away from London, the city could easily replace it, says Elena Martini of Martini Manna […]

The Italian Supreme Court on copyright protection for Thun’s design works

On 23 March 2017, the Italian Supreme Court issued decision no. 7477/2017 in a case concerning the marketing of copies of the well-known Thun statuettes, reiterating the principles governing the copyright protection of industrial design. The decision is in line with the now consistent case-law formed in the last […]

Are you ready for the new EU Regulation on data protection?

(La versione originale di questo post è pubblicata su Diritto24 de Il Sole 24 Ore)

On 25 May 2018, the EU General Data Protection Regulation (no. 679/16, GDPR) will enter into force. It’s a year away, it’s true, but companies will need time to meet the relevant requirements, hence it’s […]