By decision no. 5022 published on 5 May 2017, the Milan Court entirely rejected a leading Italian telephone provider’s opposition to an Italian DPA decision, which had considered unlawful and thus had enjoined, a marketing campaign consisting of contacting around five million former customers by phone, asking their consent to successively receive marketing information.

In a recent preliminary order, the IP Section of the Milan Court restated some basic principles in terms of requirements for the granting of urgent probative searches in IP litigations under Italian law (a topic we already discussed in a previous article ).

By first instance decision of 24 July 2017 (no. 8240/17), the IP Court of Milan ruled in a dispute between the two pharmaceutical companies Bayer and DOC Generici, stating that some communications spread by the latter constituted forbidden advertising of class C drugs and hence amounted to unfair competition against Bayer.

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.

The Milan IP Court, on 12 July 2017, decided on a proceeding commenced by two Chinese shop owners against the Florentine fashion house Ferragamo S.p.A. (Docket no. 7940/2017).

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.

On 18 July, the General Court of the European Union (“GC”), in case T-57/16, annulled a decision by which EUIPO’s third Board of Appeal had rejected an action of nullity proposed by the French maison Chanel SAS against the Community design represented below (on the left), registered for ornaments under class 32 of the Locarno classification.

With order of 25 July 2017, the Milan IP Court confirmed an ex parte preliminary injunction it previously ordered upon request of the famous Italian conceptual artist Emilio Isgrò against Sony Music Entertainment Italy S.p.A. (hereafter “Sony”), the Italian distributor of “Is this the life we really want?”, the last album released by Roger Waters, Pink Floyd’s former bassist. With this decision, Sony was enjoined from continuing to commercialise and distribute the album graphics (i.e. the casing, cover, booklet and labels) since it infringes copyright on Isgrò’s works of art and, in particular, on the “Cancellatura” artwork dated 1964.

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.

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 Cassina S.p.A.

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.

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).

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.

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).

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 the TV streaming of copyright-protected works unlawfully available online, by means of pre-installed add-ons directly linking to third-party websites on which such works are hosted.

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.

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.

L’11 aprile scorso è entrato in vigore il decreto legislativo n. 35/2017 che, non senza qualche ritardo, ha recepito in Italia la c.d. Direttiva Barnier, ossia la Direttiva 2014/26/UE in materia di gestione collettiva dei diritti d’autore e concessione di licenze multi-territoriali per l’uso di opere musicali online.

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.