Alessandro Pala

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The Supreme Court ruled on the relationship between registered design infringement and unfair competition for slavish imitation

With Sentence no. 8944 of 14 May 2020, the Italian Supreme Court stated that the owner of a registered design, when acting against infringing products, may claim both registered design infringement under the Code of intellectual Property (IP Code) and unfair competition for slavish imitation under Article 2598(1) of […]

By |29 07 2020|Uncategorized|0 Comments|

The Veneto Region grants financial support for the purchase of innovation services by SMEs

The Veneto Region has published a call for support for the purchase of innovation services by SMEs. This intervention is aimed at supporting the innovation projects of micro, small and medium-size enterprises (SMEs), which operate in Veneto, with a financial envelope of EUR 3.000.000.
The financial support is equal to […]

By |03 07 2020|Uncategorized|0 Comments|

According to the Supreme Court computer data can be considered as a movable good, subject to the crime of embezzlement

By Elena Martini and Alessandro Pala
With Sentence No. 11959/2020 of 10 April 2020 the Italian Supreme Court found that computer data should be considered, for criminal purposes, a movable good capable of embezzlement pursuant to Article 646 of the Criminal Code.
The decision at issue originates from the conduct of […]

By |26 06 2020|Uncategorized|0 Comments|

The EU Regulation on the rules for indicating the origin of the primary ingredient of a food came into force

By Alessandro Pala and Elena Martini
Regulation (EU) No. 775/2018, laying down rules for the application of Article 26(3) of Regulation (EU) No 1169/2011 on the provision of food information to consumers, came into force on 1 April 2020. This provision states that where the country of origin or the […]

By |01 06 2020|Uncategorized|0 Comments|

The Italian Government issued the Law Decree on ambush marketing practices

The Law Decree no. 16/2020 on «urgent measures for the organisation and conduct of the Milano Cortina 2026 Olympic and Paralympic winter games and the Turin 2021-2025 ATP Finals, as well as the prohibition of parasitic advertising» was published in the Official Journal no. 66 on 13 march 2020. […]

By |11 05 2020|Uncategorized|0 Comments|

The Council of State on the right of access to administrative documents and the protection of trade secrets

With Order no. 2150/2020 of 27 march 2020, The Council of State ruled on the relationship between the right of access to administrative documents and the protection of trade secrets regarding a public tender procedure.
Here is the background of the decision. The Province of Rimini organised a public tender […]

By |05 05 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|

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|

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|

According to the ECJ, the sale of second-hand e-books is an act of communication to the public, subject to the copyright holder’s authorisation

By Alessandro Pala and Elena Martini

With a judgement dated 19 December 2019 (C 263/18) the ECJ issued an important decision concerning the interpretation of Article 2 and Article 3 of Directive 2001/29/EC in relation to the sale of second-hand e-books.

The dispute at the basis of the decision was
initiated […]

By |04 02 2020|Uncategorized|0 Comments|

The Turin IP Court on the infringement of the three-dimensional trademarks consisting of Ferrero’s Tic Tac package

By decision No. 5140/2019 of 12 November 2019,
the Turin IP Court issued a decision in a dispute between Ferrero S.p.a. and
Mocca S.r.o. Spol in relation to the three-dimensional trademarks consisting of
Ferrero’s Tic Tac package.

The package at issue is composed of a
transparent plastic box with an opening mechanism surmounted by […]

By |27 01 2020|Uncategorized|0 Comments|

A ruling on a “copycat” website by the Milan IP Court

(the original version of this post is published on Diritto 24 – Il Sole 24 Ore)

By Luigi Manna

On 8 November 2019, the Milan IP Court issued
an interesting decision (judgment  no.
10130/2019) on trademark infringement in connection with “copycat” websites.

A well-known US manufacturer of food supplement
and cosmetics, at the head of an international […]

By |09 01 2020|Uncategorized|0 Comments|