News
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...
Conflict between an earlier trademark and a P.D.O. (Protected Designation of Origin): it is for the National Court to assess it
By decision n. 21191 of 13 September 2017, the joint sections of the divisions of the Supreme Court has recognized the competence of the National Ordinary Court for the action taken by Azienda Agricola Salaparuta s.p.a. based on its registered trademark 'Salaparuta'...
Selective distribution systems and the prohibition of online sales on marketplaces in the luxury goods sector
On December 6, 2017, the European Court of Justice handed down its ruling in the Coty case in Germany.The judgement clarifies the important subject of selective distribution contracts. The Court of Justice has infact confirmed that a contractual clause that prohibits...
Cloud computing the judgement by the EU Court of Justice
On 29 November 2017 the Court of Justice handed down its ruling in the proceedings VCAST Limited v. R.T.I. s.p.a. (Case C-265/16).On 7 September 2017the EU Advocate General stated in its opinion that 'cloud computing' relates to the access, through a...
Recent decision of the Court of Appeal on novelty and inventive step
On 19 January 2018 it was published the decision of the Bologna Court of Appeal in a case relating to a patent having as subject matter 'a particular kind of plastic packaging for glasses, sealing the glass directly to the neck of a bottle, allowing to fit the neck of...
Right to a fair premium: judgement by the Supreme Court
On 20 November 2017 the Supreme Court issued an important judgement in a dispute where Studio Sena and Tarchini assisted an inventor who had realised numerous and important inventions whilst, employed by an Italian company belonging to a multinational group, he...
Industrial and Intellectual Property Code II Edition updated to 16 September 2017
The second edition of the Italian Code of Industrial and Intellecutal Property by Prof. Giuseppe Sena and Prof. Silvia Giudici has just been published for I Blu Giuffrè. The Code contains all the rules relating to Industrial and Intellecutal Property pertaining to our...
Industrial Design and Copyright Law: the European experience
A congress was held on 3 July 2017 in the Aula Magna Tolentini at the Iuav University on the theme Industrial Design and Copyright Law in Europe, organised by the Association of Young Italian Lawyers. Prof. Giuseppe Sena concluded the works with an intervention...
Originator medicines, biosimilars and antitrust
On 30 May 2017 at Palazzo dei Giureconsulti, Sena & Tarchini Law Firm in collaboration with Ruccellai & Raffaelli Law Firm organized the congress on the topic: "Originator medicines, biosimilars and antitrust". Giancarlo Del Corno intervened with a very...