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UPC: the CoA on the filing of annexes to the statement of claims
The defendant’s deadlines for the submission of its preliminary objection and statement of claim shall be calculated from the date when the annexes to the statement of claim were made available to the defendants, and not from the earlier date in which the statement of claim – without those annexes – was served on the defendants.
UPC: the Nordic-Baltic RD on third parties’ access to pleadings
The applicant stated that he was interested to see how the claim division was framed, particularly since it was filed in parallel with cases in other divisions, and that he believes there is broader public interest in this information being made available for public scrutiny and discussion.
UPC: The Hague Local Division on change of language
The LD ordered that the language of the proceedings (Dutch) be changed to English, i.e. the language of the patent, to avoid considerable translation time and costs for the defendant.
UPC: the Munich CD requires security for legal costs based on financial factors and Brexit
The CD ordered the claimant in a revocation action to pay a security of € 300,000 for the defendant’s legal costs, based on its financial position and the alleged difficulties in enforcing a cost decision in the UK.
The Italian Supreme Court imposes parameters of relevance, effectiveness and proportionality for GDPR sanctions
With Order No. 27189 of 22 September 2023, the Italian Supreme Court recognised the centrality of the GDPR in the determination of sanctions for violation of data protection laws.
The contract of amateur players: changes in light of the sports law reform
The Italian Football Federation, the Lega Nazionale Dilettanti (National Amateur League) and the Italian Footballers' Association have recently stipulated the new national collective agreement for the regulation of sports employment contracts in the amateurism area
Eu Commission takes action against online disinformation on Hamas attack
On 10 October 2023, the European Commission, in the presence of Thierry Breton, published a warning letter against Elon Musk, owner of X, for alleged misinformation on his social network regarding the attack by the Palestinian terrorist group Hamas on the state of Israel.
New Italian Regulation On Whistleblowing
By 17 December 2023, a considerable number of Italian private companies shall have in place an internal reporting channel.
EU Commission clamps down on influencers' unfair commercial practices
With a press release of yesterday, 17 October 2023 the European Commission stated that in the coming weeks, together with the national authorities of the Consumer Protection Cooperation Network, it will screen online posts to identify testimonials and endorsements that mislead consumers.
The protection of the dachshund trademark: Thom Browne Inc. vs. Harmont & Blaine S.p.a.
The Milan Court of Appeal recognised the notoriety of the Harmont & Blaine’s signs depicting the profile of a dachshund
The Italian Advertising Self-regulatory Organisation sanctions Hendrick's Gin for violating the rules for advertising alcoholic beverages
The Italian advertising self-regulatory organisation (IAP) ordered Hendrick's Gin Distillery LTD and IGPDecaux s.p.a. to cease disseminating an advertising message regarding a gin, for violation of Article 22 of the Code of Advertising Self-Regulation.
Introduction to the Unitary Patent and the Unified Patent Court
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 structure of the UPC: Divisions and competences
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 its structure and jurisdiction.
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.