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The ECJ rules on the criterion of material reciprocity pursuant to Art. 2(7) of the Berne Convention
The Court clarified that, pursuant to Directive 2001/29/EC, Member States cannot apply the criterion of material reciprocity (Art. 2(7) of the Berne Convention) to works of applied art from third countries.
The Italian Supreme Court rules on the copyright protection of a work included in an exhibition stand (and on the consequences of Cofemel)
The Court confirmed the judgment of the Milan Court of Appeal, which denied copyright protection to the lamp pictured on the left, in respect of the one on the right. It also mentions Cofemel and the need to disapply the artistic value requirement.
The Italian Supreme Court on the Piaggio Vespa: no to the 3D trademark, yes to copyright (even if it had no artistic value?)
The Court granted copyright protection but concluded that the shape of the Vespa might not be entitled to 3D trademark protection as it would be a “shape that gives substantial value to the product “. The next day, the EU General Court annulled the EUIPO BoA decision which had declared the same trademark null and void due to a lack of distinctive character.
The Italian new anti-piracy law and the regulation by the Communication Authority on live sport events
Among others, the Italian Communication Authority can order ISPs, ex parte, to block access within 30 minutes to unauthorised transmissions of live content and premieres of audiovisual content, including sport events
Copyright protection of design works and the Italian requirement of “artistic value” after Cofemel
(picture by Lisa Fotios - pexels.com)
Three years after COFEMEL, the Italian trial courts still seem far from recognising that copyright protection cannot be conditional on the existence of any artistic value. Here are the most relevant decisions on the matter.
Protecting your blockchain: IP rights in Italy
Various exclusive rights can be granted over blockchain technologies in Italy, including in the case of public blockchains
The protection of a shape trademark: the “Le Pliage” case
The Court of Milan has recently issued sentence no. 10280/2021 on the protection of three-dimensional trademarks corresponding to the shape of the well-known “Le Pliage” bags.
The donation of works of art does not include the transfer of the copyright assigned to them. The Court of Cagliari rules on Maria Lai’s works
The Court ruled in a copyright dispute between Mrs. Maria Sofia Pisu, granddaughter of the late artist Maria Lai, and the foundation established by Maria Lai herself.
The IP Court of Rome rules on the protection of non-creative photographs
The Court ascertained that the author of a so-called “simple photograph” has the right to compensation for damages deriving from its unauthorised publication by another party.
Framing may constitute a communication to the public and shall be authorised by the right holder, says the CJEU
The ECJ returns to the subject of the framing of works protected by copyright