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The Supreme Court on the copyright protection of jewellery items
Last August 1st, with sentence No. 30289, the Supreme Court Criminal Section ruled on the possibility of granting copyright protection to jewellery items.
The protection of 3D trademarks corresponding to the shape of the product
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 Authority admonishes the famous video-sharing platform TikTok
The Authority, in an emergency measure adopted on 7 July, warned the famous Chinese video-sharing platform TikTok that it is illegal to use personal data stored without the data subject's explicit consent.
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.
The limitations to the use of images of famous people: the “Rivera” case
The Italian Supreme Court regarding Article 97 of the LDA has ruled how photographic portraits of famous people can be published without prior consent, provided there is a public interest and the individual's right to privacy is not violated.
EUIPO on the distinctiveness of Absolut Company Aktiebolag's vodka bottles
Euipo expressed on the distinctiveness of a vodka bottle, focusing on color combinations.
The "Ballon D'Or" trademark is saved by the bell: The EU General Court declares its validity for entertainment services.
The French company Les Éditions P. Amaury was able to have the EU Court partially overturn Euipo's earlier decisions by demonstrating the actual use of the "Ballon D'Or" trademark for entertainment services under Class 41 of the Nice Classification.
The new Patent Box regime
The current version of the Italian Patent Box regime provides for a tax bonus of 110% for research and development costs related to certain types of intangible assets. In essence, a cost of 100 would be recognised as costs of 210 for tax purposes.
Boom in notifications to Privacy Authority for data breaches: findings from Annual Report 2021
The Privacy Authority's Annual Report showed a significant increase in data breach notifications in 2021, a 50% more than in er 2020.
The principle of trademark validation according to the EU Court of Justice: the case of the Heitech trademark
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 Italian Data Protection Authority questions GDPR compliance of Google Analytics
The Italian Data Protection Authority (“Garante”) recently ruled on the use of Google Analytics, the web analytics service offered by Google to website operators, which enables the generation of detailed statistics about users.
Trademark revocation for non-use: Apple will have to “Think Different”
The General Court of the European Union confirmed the revocation of Apple's iconic “Think Different”
Italian fund for Artificial Intelligence, Blockchain and Internet of Things
As of 21 September 2022, subsidies allocated through the Fund for the Development of AI, Blockchain and IoT can be requested from the Italian Ministry of Economic Development.
Protecting AI as trade secrets
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.
Protecting and exploiting your IP rights with blockchain technologies
Blockchain technologies can be used to protect and enforce IP rights, mainly because, due to its design and structure, a blockchain is immutable.
The Italian Competition Authority sanctions Zalando for ambush marketing
With its first decision on the topic of ambush marketing, the Italian Competition Authority lays down guidelines for advertising campaigns
The CJEU on the coexistence of unregistered local earlier rights with later registered national trademarks
The CJEU has recently issued on coexistence of unregistered local earlier rights with later registered national trademarkss
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 Italian Court of Cassation protects K-WAY’s coloured bands
The Italian Court of Cassation ruled in favour of the protection of K-Way’s “coloured stripe” figurative trademarks in proceedings against Armani