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Proceedings before the UPC: remedies, enforcement, applicable law, language and timing
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 judgments before the UPC: the procedure
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.
Pros and Cons of the Unity Patent and the UPC
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.
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
Amendments to the Italian IP Code enter into force
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.
Diesel vs. Calvin Klein: the distinctiveness of the stripe as a trademark
The Court of Appeal of Milan, on the basis of an earlier first instance decision, ruled on the distinctiveness of the "stripe" of the well-known Diesel brand
The Senate approves the “Anti-pezzotto” law
The bill against online piracy, which had already received the go-ahead from the Chamber of Deputies on 22 March, was unanimously approved.
The proof of pre-disclosure in patents according to the Italian Supreme Court of Cassation
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
EU-US personal data transfer: new adequacy decision by the European Commission
On 10 July, the European Commission adopted the new Adequacy Decision on the EU-US framework of the regime for transferring personal data from the EU to US companies.
The Italian Supreme Court rules out the Italian jurisdiction over the infringement of the German portion of an international design registration
The Italian courts’ jurisdiction was deemed to be limited to the request for a declaration of non-infringement of the Italian portion of Alfa’s international design registration (which in fact was not under discussion).
The Italian Data Protection Authority fines H&M for unlawful processing of employee data
The Italian Data Protection Autorithy sentenced H&M to a fine of €50,000.00 for breach of Articles 5, 88 and 114 of the GDPR
FAPAV/IPSOS SURVEY 2022
The new survey on the phenomenon of audiovisual and sports piracy, conducted by Ipsos on behalf of FAPAV - Federation for the Protection of Audiovisual and Multimedia Content Industries, has just been presented. It shows how the phenomenon of piracy in Italy is constantly evolving.
IAP Digital Chart updated: new rules for influencers
On 1 June 2023, Istituto dell'Autodisciplina Pubblicitaria (IAP) published an updated version of the Digital Chart Regulation, a document on the recognizability of marketing communication distributed over the internet, containing guidelines and transparency criteria addressed to operators and users including so-called influencers.
The requirements for plagiarism of a musical work: a recent decision by the Court of Milan
The Court of Milan recently ruled on the issue of plagiarism of musical works.
No protection for Grana without the adjective "Padano"
The Court of Turin ruled on an action related to an alleged evocation and/or unlawful direct or indirect use of the Grana Padano PDO (Protected Designation of Origin) and the Riserva category
Unified Patent Court (UPC): Here we go!
Today, 1 June 2023, the Agreement on the Unified Patent Court (EU Council Decision No. 2013/175/EU) enters into force.
New regulations on the advertising of medical devices
On 26 January 2023, two decrees were issued by the Ministry of Health, and published in the Official Gazette on 18 March 2023, which amended the rules on the advertising of medical devices and in vitro diagnostic medical devices. In particular, an exemption to the ministerial authorisation requirement was introduced for certain types of devices and advertising.
The protection of the PGI “Aceto balsamico di Modena”
In early 2023, in a ruling of considerable interest, the Milan Court of Appeal ruled on the interference of the sign "Acetaia del balsamico" with the PGI "Balsamic Vinegar of Modena."
Commercial communications and green impact: IAP's ruling on "Lines Natura" products
The Institute of Advertising Self-Regulation (IAP) recently ruled on commercial communications used by the company Fater S.p.a., owner of the "Lines" and "Lines Natura" brands.
AGCOM fines Meta for non-compliance with a ban on advertising games with cash prizes on Facebook
The AGCOM has ordered the company Meta Platforms Ireland Limited to pay an administrative penalty of € 750,000.00 for advertising on the Facebook platform, which it owns, games with cash prizes, in violation of Article 9 of Italian Decree-Law No. 87/2018, the so-called Dignity Decree