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EU Court of Justice: Amazon is not responsible for trademark infringements committed by third parties

With a recent decision issued in the proceedings C-567/18, the EU Court of Justice, ruling on the interpretation of Article 9 of EU Regulation 2009/209 and Article 9 of EU Regulation 2017/1001 on EU trademarks, held that a subject who, on behalf of a third-party, stores products infringing another’s […]

By |21 04 2020|Uncategorized|0 Comments|

The Italian Ministry decree for the international promotion of collective and certification marks

In the Official Journal no. 65 of 12 March 2020, the Decree 15 January 2020 of the Italian Ministry of Economic Development (MISE) was published, issued pursuant to the Law Decree no 34/2019.  With this decree the MISE set out criteria and methods for assigning incentives aimed at supporting […]

By |15 04 2020|Uncategorized|0 Comments|

The Court of Milan protects the famous app Satispay with a “limited” injunction

by Laura Spagnoli and Elena Martini
With an order dated December 3, 2019 in the proceedings brought by Satispay S.p.a. and Satispay Ltd. against Sisal Group S.p.a., the Court of Milan ascertained that Sisal committed acts of parasitic unfair competition to the detriment of Satispay, ruling on the case with […]

By |06 04 2020|Uncategorized|0 Comments|

The Italian Supreme Court protects the well-known trademark «Grazia»

By Laura Spagnoli and Elena Martini
By order no. 4721/2020, the Italian Supreme Court recently ruled in favour of the well-known publishing house Arnoldo Mondadori Editore S.p.a., owner of the trademark «Grazia», ascertaining that its trademark was counterfeited by the sign «grazia.net». The three instances of the case are briefly […]

By |30 03 2020|Uncategorized|0 Comments|

EPO refused the patent applications of the inventor machine

At the end of December 2019, the European Patent Office (EPO) refused two patent applications (No. 18275163 and No. 18275174) filed by Dr Stephen Thaler, in which an artificial intelligence developed by Dr Thaler, named DABUS, was designated as inventor. The inventions, concerning a particular food container and a […]

By |27 03 2020|Uncategorized|0 Comments|

Coronavirus: a practical guide for the management of litigation, intellectual property and contracts

As is known, the Coronavirus emergency is having a powerful impact on Italian companies, with business activities restricted or even prohibited by law. Our law-firm continues to provide clients with the usual assistance, thanks largely to cutting-edge tools that enable us to collaborate remotely without interruption. Below you will […]

By |26 03 2020|Uncategorized|0 Comments|

Coronavirus: impact on litigation in Italy

Updated on 08.04.2020 (Decree-Law no. 23/2020)

The deadlines set forth in civil and criminal proceedings are suspended from 9 March 2020 until 11 May 2020. This also includes the deadlines for the introduction of judgments and appeals. It is not clear, however, whether it also applies to the deadlines granted […]

By |26 03 2020|Uncategorized|0 Comments|

Coronavirus: impact on IP rights

National Rights (updated to decree-law no. 23/2020 and to IPTO notices of 14.04.2020):

deadlines are suspended from 23 February 2020 until 15 May 2020, with no need to apply for the suspension;
certificates, permits, concessions and authorisations, however named, expiring between 31 January and 15 April 2020, will remain valid until […]

By |26 03 2020|Uncategorized|0 Comments|

Coronavirus: impact on contracts

The Coronavirus emergency impacts  existing contracts in various ways, in particular for two reasons:

various regulatory provisions have been issued that prohibit or limit commercial and manufacturing activities;
even regardless of regulatory provisions, the epidemic may constitute a force majeure event, which does not allow the performance to be carried out […]

By |26 03 2020|Uncategorized|0 Comments|

Court of Bologna, decision no. 96/2020: the software developed by the self-employed belongs to the employer

by Laura Spagnoli and Elena Martini
With decision (no. 96/2020), published last January 15, the Court of Bologna found that software developed by an external contractor was  owned by the committing company and acknowledged in favour of the company the right to be compensated for damages arising from the contractor’s […]

By |17 03 2020|Uncategorized|0 Comments|

The Council of Ministers approves the legislative draft to fight ambush marketing practices

 On 17 January
2020 the Council of Ministers approved a legislative draft setting out the «regulation
of the prohibition of parasitic advertising (ambush marketing)», thus
introducing a general and organic discipline of such a phenomenon, no longer
related to single events. In fact, in the past, the issue of ambush marketing
had been addressed […]

By |10 03 2020|Uncategorized|0 Comments|

The Italian DPA fines Eni Gas e Luce 11.5 million EUR

With decisions no. 231 and 232 of 2019, the Italian Data Protection Authority
imposed two substantial fines on the well-known company Eni Gas e Luce
(hereinafter “EGL”) amounting to € 3,000,000 and € 8,500,000 at the end of two different proceedings relating to the infringement
of data protection laws in the context […]

By |09 03 2020|Uncategorized|0 Comments|