Italy Intellectual Property Blog

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By: Trevisan & Cuonzo Avvocati

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Alice Fratti
Andrea Quaia
Benedetta Marsicola
Chiara Centola
Daniela Ampollini
Daniele Roncara
Domenico Anacleto
Donatella Capelli
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Federica Bocedi
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Giulia Cellerini
Giulia Varallo
Giuseppe Verrecchia
Julia Holden
Lorenzo Battarino
Luca Pellicciari
Maria De Martini
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Nicolò Mosiello
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Pietro Gambaro
Rosalba Sblendorio
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Trevisan & Cuonzo Avvocati
Vittorio Cerulli Irelli

Latest from Italy Intellectual Property Blog

An IT contract is a multi-faceted vehicle for companies not only to protect their interests, but also to set the tone for customer relationships and create an image of their business for outsiders. Businesses can control the way their contracts are perceived simply by abiding by a number of standardized guidelines and ethics for creating these key legal documents. Set out below are some top tips in drafting IT contracts to ensure that everyone involved…
Back in January of this year, the Commercial Chamber of the Milan Court issued an interesting order in the preliminary injunction proceedings instigated by Pest Control Office Limited against 24 Ore Cultura s.r.l., the organizer of an “unauthorized” exhibition of Banksy works of art owned by private collectors – The art of Banksy. A visual protest – and displayed in the Mudec museum of Milan. Although it may appear as an open and shut case, one…
The existence of a selective distribution network may be included among the ‘legitimate reasons’ for not exhausting trademark rights, provided that it complies with antitrust law, the trademarked product is a luxury item and there is a real harm to the image of prestige the manufacturer seeks to maintain through the adoption of a selective distribution system as a result of product marketing by third parties not belonging to the network. Selective distribution is defined…
On January 10, 2019, the Commercial Chamber of the Court of Rome issued a decision on the applicability of the exemptions of liability provided for in Directive 2000/31 EC to internet service providers. With this decision, the video sharing platform Vimeo – which offers services similar to those of YouTube – was ordered to pay Euro 8.5 million  in damages to Mediaset – the largest commercial broadcaster in Italy. The decision brings to an end…
In the aftermath of the publication of the Commission’s Communication on standard essential patents (SEPs), two rival workshops were established within the framework of the European Standards Organizations CEN and CENELEC with the purpose of establishing a code on best practices for SEP licensing. After the first workshop (WS-SEP), backed by IP Europe, produced a first draft of its Guidance for licensing SEPs in 5G and the IoT, it is now the…
La blockchain si sta facendo strada anche nell’IP quale strumento di lotta alla contraffazione. Questa tecnologia, sviluppata come sistema per concludere transazioni finanziarie e che letteralmente significa catena di blocchi, consente la creazione di un database distribuito per la gestione di transazioni condivisibili dai partecipanti alla rete, strutturato appunto in blocchi contenenti al loro interno transazioni, che sono collegati tra loro in modo tale che ogni transazione contenuta in essi debba essere validata dalla rete…
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Recent GDPR Developments in Italy Can we say that Italy took the new privacy rules set out in GDPR seriously? Italian businesses have carried out many preparatory activities in view of 25 May 2018, the date of full applicability of the European Union’s General Data Protection Regulation No. 679/2016 (“GDPR”): a large number of privacy policies have been amended and updated, Data Protection Officers have been appointed and mailing lists have been reviewed and updated…
As all FRAND aficionados should already know, with a judgment handed down yesterday the Court of Appeal of England and Wales upheld Birss J’s first instance decision in Unwired Planet v Huawei (the appeal decision is available here, whilst Birss J’s decision is available here). In doing so, the Court agreed with the first instance court in holding that a global SEP portfolio owner can comply with its FRAND obligations by offering a…
As the proposed “Directive on Copyright in the Digital Single Market” suffers a halt with the European Parliament declining to vote and rescheduling approval for September 2018, one of the main stumbling blocks is the likely ‘invasive’ nature Art. 13 requiring Internet Service Providers to pre-emptively scan, filter and block copyright-infringing contents which many in the industry consider too onerous.  A recent ruling by the Court of Milan, once again, had to tackle the tricky…
With a judgement dated 26 April 2018, the General Court of the EU held that the famous Argentinian football player – and multiple Ballon d’Or winner,  Lionel Andrès Messi, could  register his mark ‘MESSI’ for sports and gymnastics clothing, footwear and equipment notwithstanding the opposition by the owner of a highly similar earlier sign “MASSI” registered  for similar goods. The trade mark applied for is represented below: This matter commenced back in November 2011 when…