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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.
The sports representation contract and exit clause. A recent decision by the Italian National Olympic Committee's Sports Guarantee Board
The Italian National Olympic Committee's Sports Guarantee Board recently issued an arbitration award concerning a dispute that arose between a sports agent and one of his former clients
The EUIPO Board of Appeal invalidates the Rubik's Cube 3D trademark
In agreement with the Cancellation Division, the BoA considered that the contested trademark was registered in breach of Art. 7(1)(e)(ii) of EU Regulation no. 207/2009 as it consists exclusively of a shape that is necessary in order to obtain a technical result.
The Italian Patent and Trademark Office grants reputed trademark protection to “EXCELLENCE” by Lindt
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.
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
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.
EU recognises Protected Geographical Indications for craft and industrial products
On 27 October 2023, EU Regulation 2023/2411 on the "protection of Geographical Indications for craft and industrial products" was published, which harmonises the different national regulations previously issued by Member States.
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.