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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.

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 […]

The Court of Rome stops the Uber Black app for unfair competition

By preliminary order of 7 April 2017, the Court of Rome enjoined the Uber Group – after the Court of Milan’s previous order regarding the Uber Pop app – from continuing to provide and advertise vehicle hire with driver services by means of the Uber Black app in Italy, […]

The Piaggio Vespa is granted three-dimensional trademark and copyright protection

With decision no. 1900/17 of 4 April, the IP Court of Turin granted three-dimensional trademark and copyright protection to the famous “Vespa” scooter by Piaggio.

The proceedings from which the decision originates were started by two Chinese companies that, following a criminal complaint by Piaggio, had three scooter models seized […]

The Regional Administrative Court of Lazio rejects the appeal against the online copyright enforcement Regulation of the Italian Communications Authority

After hard proceedings – which included a reference to the Italian Constitutional Court – the Regional Administrative Court of Lazio (the Court), with a decision published on 30 March 2017, rejected the appeal proposed by several Internet service providers and consumer associations against the online copyright enforcement Regulation adopted by the […]

The Italian DPA confirms the prohibition of the employer’s indiscriminate control of company emails and smartphones

By decision of 22 December 2016, the Italian Data Protection Authority (DPA) upheld a claim brought by a former employee. The employee complained the unlawfulness of the processing of his personal data which was carried out by the company he worked for, both during his employment as well as […]

The Milan IP Court protects the Freddy “push-up” pants

An Italian version is published on Diritto24 – Il Sole 24 Ore

By decision no. 2016/17 of 2 March, the Milan IP Court declared the validity and infringement of a patent and a Community unregistered design held by Freddy S.p.A. on its pants named “WR.UP”. Specifically, the pants were characterised by […]