jurisdiction

The Milan IP Court gives its view on jurisdiction over online IP infringements

In a recent order issued in preliminary (injunction) proceedings, the Milan IP Court summarised its standpoint on jurisdiction and venue for infringements of IP rights committed online.

Having been enjoined by the same court from marketing women’s bags that were found to infringe on the trademark and design rights of […]

The Court of Milan on territorial jurisdiction and unfair competition in a case concerning pharmaceutical products

By judgment no. 9086/2014 of 26 June 2014, Business Chamber “A” of the Court of Milan addressed some interesting issues regarding territorial jurisdiction and unfair competition.

The dispute arose from a hypothesis of interference between trademarks: the plaintiff, a pharmaceutical company and owner of the trademark “Inofert” had brought proceedings against […]

European Patents and the Italian Torpedo: the IP Court of Milan Departs from the Court of Cassation?

With a recent decision (Judgment no. 1143/2014 ) concerning the jurisdiction of the Italian courts with respect to non-Italian fractions of European patents, the IP Court of Milan seems to depart from the position expressed by the Supreme Court in its late 2013 reversal on the so-called Italian Torpedo (commented, […]

Apps, Social Networks and Jurisdiction of Italy’s Courts

(The original version of this article has been published on Diritto 24 of Il Sole 24 Ore) Much has been written on Italy’s IP courts jurisdiction over IP rights infringements involving so-called “Information Society” technologies. However, a recent order of the Milan IP Court (docket no. 29942/2013), that has gone […]

Jurisdiction in a case of online copyright infringement

(by Francesca Maculan)

With decision of last 3 October in case C-170/12, the European Court of Justice (“ECJ”) ruled on jurisdiction in a copyright infringement case. The issue originated from a claim for damages by the musician Peter Pinckney (“Plaintiff”) against the Austrian company KDG Mediatech AG (“Mediatech”). The Plaintiff […]