With Law no. 132/2025 of 23 September 2025, Italy is the first EU Member State to complement Regulation (EU) no. 2024/1689 with a comprehensive national framework on artificial intelligence.

With its ruling no. 6240/2025, the IP Court of Milan held the chairman of the board, of a company engaged in the use of unlicensed software, jointly responsible with the company for copyright infringement. This decision validates an already established trend in Italian IP courts.

In an interesting ruling on sound marks the EU General Court annulled the decision of the Fifth Board of Appeal of the EUIPO, which had rejected the application for registration of EU sound mark no. 018849003 filed by the Berlin public transport company, Berliner Verkehrsbetriebe.

With decision no. 57 of April 3, 2025, the Board of Appeals of the Italian Patent and Trademark Office (UIBM) ruled on, and rejected, an opposition to the registration of a trademark deemed weak and, therefore, of limited protection.

With its order of 27 June 2025, the Court of Genoa ruled on an unusual dispute concerning sports audiovisual rights and video game content, rejecting the motion for interim injunction filed by Lega Nazionale Professionisti Serie A against a gamer accused of violating its exclusive rights by illegally publishing online “highlights” created using the EA Sports FC25 video game to recreate the actions of football matches.

In a recent press release, the Italian Competition Authority (AGCM) announced that it had successfully concluded a moral suasion procedure with Acqua Minerale San Benedetto S.p.A., which agreed to remove potentially misleading green claims used to promote and market products in its Ecogreen line.

The Supreme Court returned to the issue of compensation for damages in relation to patent infringement and, in particular, the distinction between the sale and marketing of the infringing product for the purposes of  compensation for damages.

The Court upheld the objection based on Articles 102 and 103(2) of Regulation 1308/13, prohibiting, amongst others, the commercial use of the protected name “in so far as such use exploits the reputation” of the PDO; and any “false or misleading indication” as to the origin, nature or essential qualities of the product.

With order no. 12956 of 14 May 2025, the Italian Supreme Court ruled in a complex case concerning copyright and the digital exploitation of musical works, rejecting the appeal filed by Sony Music Entertainment Italy S.r.l. against Lucio Battisti's heirs and their companies Edizioni Musicali Acqua Azzurra S.r.l. and Aquilone S.r.l.

A 24 June 2025 PI order issued by the IP division of the Court of Venice confirms a well-established line of Italian case law regarding the ownership regime applicable to commissioned software (which we addressed already here).

The court highlighted that a rehearing is an extraordinary legal remedy that, under Article 81(1) UPCA, may exceptionally be granted only if a final decision is tainted by a criminal act or a fundamental procedural defect. it is not available for mere errors or disagreements over the interpretation of the law or the assessment of the parties’ arguments or evidence.

By judgment No. 1599/2025 of 5 May 2025, the Venice IP Court of Appeal affirmed that it is possible to obtain a declaratory judgment of infringement and the related injunctive and compensatory relief even with respect to a patent whose main claim has been declared invalid.

On February 18, 2025, Judgment No. 4131 issued by the First Civil Division of the Court of Cassation was published. The Court returned to the topic of co-owned patents, and particularly the applicability of the rules on co-ownership in such cases. The decision in question raised a legal issue of such significance as to justify a public hearing: in the case of patent co-ownership, may the invention be freely exploited by each co-owner, or, conversely, is the consent of the other always required?

According to the CdS, the combination of the elements – position of the billboard near the Football Village, slogan used, football shirt, flags of the nations participating in the event – constituted communicative “framing” capable of persuading the average customer to believe, erroneously, that Zalando was the official sponsor of UEFA Euro 2020.

The Court dismissed the appeal filed by Jaguar Land Rover, confirming the invalidity of four Italian 3d trademarks registered on the famous off-road vehicle “Defender” due to lack of distinctive character.

Can a Simple Geometric Figure Possess Distinctive Character?
This is the issue addressed in the judgment of 13 November 2024 (T-426/23) of the General Court of the European Union, which confirmed the invalidity of the trademark registered by Chiquita Brands LLC for the blue and yellow sticker attached to fresh fruit, including bananas. This judgment, the result of a long legal process, provides significant insights into the concept of distinctiveness in trademarks.

A recent interim order issued by the Court of Florence (order dated 7 May 2025) addressed the potential conflict between banking confidentiality and the rights of third parties.
In this case, an Italian company mistakenly transferred funds to an unknown party due to an incorrect IBAN, while intending to move the money between two of its own bank accounts. Notably, the company had indicated itself as the “payee” in the transfer order.

By interim order of 24 April 2025 – perhaps the first, and certainly among the earliest Italian precedents on the matter – the Genoa IP Court issued a particularly noteworthy decision concerning the application of the so-called breeder’s exemption to plant-related patents.

At the beginning of 2024, the Court of Justice of the European Union (CJEU) issued its much-anticipated judgment in Audi (Case C-334/22), which addressed the delicate issue of trademark use on spare car parts produced by independent third parties. The decision quickly drew widespread attention across the legal community, as it was seen to mark a new milestone in the evolving jurisprudence surrounding the intersection of intellectual property rights and the automotive aftermarket. It was, arguably, the most influential trademark ruling since Ford (2015), and it triggered extensive commentary (IPKat here).

Most commentators, including me, viewed the judgment as a clear reinforcement of the legal position of original equipment manufacturers (OEMs) and many assumed it would pave the way for Audi's success in the underlying national litigation. Few could have predicted that the Polish court, which had submitted the preliminary reference, would eventually issue a ruling that ran directly counter to those expectations.

In the field of software—and more broadly in the realm of intellectual works—non-specialists often assume that the original copyright holder is the individual or company responsible for its creation. In reality, this is not always the case. In many situations, the creator and the holder of the economic rights are different parties from the outset.

This issue was recently addressed by the IP Court of Brescia (order of 14 April 2025), which was called to resolve a dispute between two former partner companies, both claiming ownership of  software developed by one of them, to manage the electronics of industrial machines manufactured by the other.