Legislation

1 October 2017: further amendments introduced by the new EUTM Regulation will come into force

Next month, some important amendments introduced by Regulation EU no. 2015/2424 – which we have already discussed here on this blog – to EU trademark law, governed by Regulation EC no. 207/2009, will enter into force.

Below is a summary of the most significant changes.

Abolishment of the graphical representation requirement

Thanks […]

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 […]

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 […]

Italy-USA Personal data transfers: the Italian Data Protection Authority ratifies the “Privacy Shield”

As noted by many commentators at the time, following the 6 October 2015 ruling of the European Court of Justice (ECJ) in Case C-362/14 Maximillian Schrems v. Data Protection Commissioner, the main tool used within the European Union to (legitimately) transfer personal data to the United States, the so-called […]

Brexit and the UPC: the Italian perspective

Here is a copy of the article published on World IP Review on the impact of Brexit on IP – and particularly the UPC – from an Italian perspective. Written by Elena Martini, also reporting comments by Judge Tavassi, president of the Milan IP Court.

2016.07.26 – Brexit and the […]

Regulation (EU) 2016/679: how the European personal data protection landscape will change

After four years of troubled negotiations, on 4 May 2016 the new Regulation (EU) 2016/679 on personal data protection was published in the Official Journal of the European Union. The Regulation replaces Directive 95/46/EC and reforms data protection rules in the European Union, introducing several key changes directly applicable to all […]

The Community trademark sheds its skin: the most significant changes introduced by Regulation (EU) no. 2015/2424

On 24 December 2015, Regulation (EU) no. 2015/2424 was published. This Regulation enters into force on 23 March 2016 and − together with Directive (EU) no. 2015/2436  − significantly changes the current European legislation on trademarks, reforming part of Regulation (CE) no. 207/2009 on Community trademarks. The latter will change its […]

Regulation (EU) no. 524/2013: the ODR platform for online dispute resolution between consumers and traders will now go live

Since 9 January – the date on which most of Regulation (EU) no. 524/2013 became applicable – disputes concerning online sales and service contracts concluded between consumers resident and traders established in the Union have a new Alternative Dispute Resolution (ADR) tool: the European online dispute resolution (ODR) platform, […]

Prize contests in Italy: more exemptions for the production of literary, artistic or scientific works

(The original Italian version is also published on Diritto 24 – Il Sole 24 Ore)

On 20 November 2014, the Italian Ministry of Economic Development issued a circular in which it substantially expands the range of contests that are not subject to Italian Presidential Decree no. 430/01 (the “Decree”).

As known, […]

AdWords and third party trademarks: the Enterprise Matters Section of the Milan Court rules in the wake of the ECJ’s case-law

The use of third party trademarks as “ad-words” in order to gain advantageous referencing in Internet searches does not necessarily constitute trademark infringement, the Enterprises Section of the Milan Court ruled on appeal against a summary judgment, in a decision that is filled with references to the EU Court […]

The EMA adopts a new policy on the publication of clinical data: are IP rights at risk?

(The Italian version is also published on Diritto 14 – Il Sole 24 Ore)

On 2 October, the European Medicines Agency (“EMA”) adopted its new policy on the publication of clinical data for medicinal products for human use. The details of the policy, which will enter into force on 1 […]

New risks for design works (and Italy)

(Published also on Diritto 24 – Il Sole 24 Ore)

The copyright protection of industrial design works in Italy seems to be at risk again. This is because of a rule introduced in the so-called “Sblocca Italia” (“Unblock Italy”) decree due to be published shortly, which would change for the […]