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1 minute Martini Manna

case-law Elena Martini case-law Elena Martini

UPC: the Paris CD on the notion of "same parties"

The court elaborated on when two parties are to be considered the “same parties” under Article 33 UPCA, based on which, if an action for infringement between the same parties relating to the same patent has been brought before a local or a regional division, the revocation action may only be brought before the same local or regional division.

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Margherita Stucchi Margherita Stucchi

Agreement reached on the AI ACT

After a 36 hours marathon, on 8 December the Commission, the Council and the European Parliament reached an agreement on the Artificial Intelligence Act, better known as the AI Act, the world's first regulation on artificial intelligence

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case-law Elena Martini case-law Elena Martini

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.

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case-law Elena Martini case-law Elena Martini

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.

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Margherita Stucchi Margherita Stucchi

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.

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law Elena Martini law Elena Martini

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.

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