News
Two new legislative Decrees with regard to trademarks and patents
On 8 March 2019 the legislative Decree of 20 February 2019 was published in the Official Gazzette n. 57, containing the “Implementation of the (EU) Directive 2015/2436 of the European Parliament and of the Council of 16 December 2015, to approximate the laws of the...
The Chinese Year
In the beginning of the Chinese new year, we have the pleasure of informing that in 2018 our Firm obtained the protection in China of some prestigious Italian trademarks in the clothing and accessories sector. As a result of well structured administrative and judicial...
Artificial Intelligence
On Monday, 21 January 2019 the Italian Ministry of Economic Development set up a group of experts to study the various problems in the field of artificial intelligence (the list of experts is available on the link...
Can the taste of a food product be eligible for copyright protection?
On November 13, 2018, the European Court of Justice issued its judgement in a case involving a spreadable cream cheese, ruling that it is not eligible for protection under copyright. The Court said the taste of a food product cannot be classified as a 'work' as it is...
Is it possible to protect a bag as a shape trademark? The Supreme Court returns to Ferragamo’s three-dimensional trademark.
With decision n. 26001 dated 17 October 2018, the Supreme Court again ruled on the validity of Ferragamo's 'Gancini' three-dimensional trademark, inspired by the graphic form of the letter Ω (omega) and used also as a closure on the front of numerous bags and...
Trademarks: first name and exclusive rights. The Court of Naples declares that the trademark ‘Michele’ is valid in the pizza sector.
In two important cases in which the oldest and world famous Neapolitan pizza parlor has been assisted by Sena & Tarchini law firm, the Court of Naples, with two separate decisions, has confirmed the exclusive rights on the name 'Michele' as a sign, company name,...
News on the protection of designations of origin and geographical indications for wine
On 5 October 2018 the Official Gazzette n. 232 published the decree by the Ministry of agricultural, food, forestry and tourism policies dated 18 July 2018. This decree contains the general dispositions on the constitution and recognition of the consortiums on...
The Giurì dell’Autodisciplina Pubblicitaria, Italy’s advertising standards authority, decides on the topic of advertising through the social network
The Giurì dell’Autodisciplina Pubblicitaria, with Decision n. 45/2018 dated 26 June 2018 (the reasoning of which has been recently become known), has for the first time affirmed that an endorsement of a well known trademark (in this case Peugeot) by an influencer on...
Copyright in the Digital Single Market
On 12 September 2018 the European Parliament approved, with important tweaks, the proposal for a directive on Copyright law of the Committee on Legal Affairs of June 2018 The more debated amendments regard Articles 11 and 13. Art. 11 on the 'protection of press...
The Giurì dell’Autodisciplina Pubblicitaria, Italy’s advertising standards authority, decides on the topic of advertising through the social network
The Giurì dell'Autodisciplina Pubblicitaria, with Decision n. 45/2018 dated 26 June 2018 (the reasoning of which has been recently become known), has for the first time affirmed that an endorsement of a well known trademark (in this case Peugeot) by an influencer on...
Patents: fair compensation for non-remunerated inventions ex art. 64 C.P.I.; The Milan Court of Appeal confirms employer’s duty also in the case it has not patented the employee’s invention, but it has transferred it to a third party.
The decision n. 3165/2018 has been published on 27 June 2018 in a proceedings in which an inventor employee has been assisted by Studio Legale Sena e Tarchini against the employer company belonging to a multinational group. It has confirmed that the employer company...
Legislative Decree 11 May 2018 n. 63
On 22 June 2018 the Legislative Decree 11 May 2018 n. 63 shall enter into force implementing the EU Directive no. 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure and...
News on the protection of know-how
In May there were two important innovations in terms of protection of know-how: one legislative and the other jurisprudential. Infact, on 8 May 2018, the Council of Ministers has definitively approved the Legislative Decree which implements the EU Directive n....
Creation protected by copyright and subordinated work
With decision n. 11163 dated 9 May 2018 the Supreme Court has confirmed two important principles as a corollary to the rule provided in articles 12bis, 12ter and 88 of the copyright law for some categories of works protected by copyright (computer programs and data...
The payment of an astreinte may be ordered under art. 186 ter c.p.c.
In a recent decision issued by the Tribunal of Milan, an order was obtained pursuant to art. 186.ter of the civil procedure code (Trib. Milan, 5 December 2017, n. 2279, ord.) for payment of an astreinte ordered according to art. 131.2 of the IP Code forfailure to...
Increase in the number of Patents granted by the EPO
On March 7, 2018 the EPO published its Annual Report for 2017 which is available on its website (www.epo.org/about-us/annual-reports-statistics/annula-report/2017.html).The report shows a general growth in european patent filings and grants by the EPO, especially in...
The Court of Appeal of Milan confirms copyright protection of the decor concept of stores
On 26 March the Milan Court of Appeal published the decision n. 1543/18 in the Kiko-Wycon case. The Milan Court of Appeal confirmed the 2015 verdict of the First Instance Court, ruling that a combination of features that integrate furniture design (so-called...
Meeting-debate ‘Considerations on the evolution of the regulation and on the Industrial Property Code’
On 13 November 2017 at the Università degli Studi of Milan, there will be the presentation of the second edition of the Industrial and Intellectual Property Code during a meeting-debate at which, in addition to the authors Prof. Giuseppe Sena and Prof. Silvia...
Amendment to the Implementing Regulations to the European Patent Convention
On 29 June 2017 the Administrative Council of the European Patent Office has amended Rules 27 and 28 of the Implementing Regulations to the European Patent Convention on the patentability of biotechnology inventions, excluding plants and animals exclusively obtained...
Cloud and copyright law
On September 7, 2017 the EU Advocate General filed his conclusions in the dispute between VCAST Limited (UK undertaking) and R.T.I. s.p.a. (Case C-265/16).The question referred to the CJEU upon the stay of the proceedings by the Turin Court is about whether or not...