The court found for design infringement and calculated damages based on the profits lost due to the infringers’ commercialisation, thus applying one of the criteria established by art. 125 Italian IP Code for damage calculation.

The court found that the ZzzQuil packaging is distinctive and that competitor’s product illicitly imitate it, as incorporates all its identifying elements.

The Italian Patent and Trademark Office upheld Lindt's opposition against the registration of the ETNA EXCELLENCE trademark for chocolate and similar products, in light of Lindt's prior rights to the EXCELLENCE trademark.

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 "Unitary Patent" is a European Patent, granted by the European Patent Office following the traditional procedure, for which the holder requests the unitary effect. This is in force as from June 2023. The UPC is new court common to the EU Member States, having jurisdiction on Unitary Patents and traditional European Patents.

The Unified Patent Court or UPC is a new court common to the EU Member States that have signed and ratified its founding agreement. Here’s an an overview of the available remedies, enforcement, languages, applicable law and timing of the proceedings.

The Unified Patent Court or UPC is a new court common to the EU Member States that have signed and ratified its founding agreement. Here’s an overview of the applicable procedures.

The "Unitary Patent" is a European Patent for which the holder requests the unitary effect. This is in force as from June 2023. The UPC is new court common to the EU Member States, having jurisdiction on Unitary Patents and traditional European Patents. Here is an overview of their Pros and Cons.

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

An overview of the main changes: coexistence between national and European/Unitary patent; overturning of the Professor's privilege; civil seizure at fairs; temporary protection of designs exhibited at fairs.

In its recent order no. 16314/2023, the Italian Supreme Court ruled on the pre-disclosure proof requirements in patent law, stating that the choice between the various findings in support of the decision is ultimately the choice of the judge of the merits

The European General Court, while reiterating that colour marks can only be registered exceptionally, emphasises that the key point must be the assessment of the distinctive character determined in relation to the goods/services claimed and the consumers concerned

Although iconic, for the EUIPO the shape of Dior's “Saddle Bag” does not deviate sufficiently from the industry standard to have original distinctiveness

it is often difficult to obtain the registration and judicial protection for 3D trademarks corresponding to the shape of the relevant product. Here are some of the most recent and well-known decisions on the matter issued by the Italian courts.

The Court of Justice has outlined the characters of the concept of "acquiescence" as expressed in Directive 2008/95 and Regulation 207/2009, with particular regard to its application following the sending of a letter of formal notice and the filing of the writ of summons.

The General Court of the European Union confirmed the revocation of Apple's iconic “Think Different”

The development of AI requires significant investment from companies, which have an urgent need to better protect the related intellectual property. Here are some pros and cons of its protection through the use of trade secrets.

Blockchain technologies can be used to protect and enforce IP rights, mainly because, due to its design and structure, a blockchain is immutable.

With its first decision on the topic of ambush marketing, the Italian Competition Authority lays down guidelines for advertising campaigns

Various exclusive rights can be granted over blockchain technologies in Italy, including in the case of public blockchains