Region: Italy

EPO prior art searches now apply to national patent applications

A new search and examination regime for patent applications has entered into force, according to which an Italian application filed on or after that date will be subject to a search report and patentability opinion issued by the European Patent Office, and to a further examination on the merits by the Italian Patent and Trademark Office.

30 July 2008

PTO expected to relax its approach to restoration applications

The Patent and Trademark Office’s (PTO) practice in relation to <i>restitutio in integrum</i> is expected to relax following a recent decision involving a German holder of a European patent. The PTO Board of Appeals held that the law requires only that evidence be submitted that the degree of diligence demanded by the circumstances has been applied.

07 May 2008

New law helps clarify reductions for pharmaceutical SPCs

The Italian Parliament has enacted a new law that, among other things, should help to clear up longstanding confusion over the duration of supplementary protection certificates (SPCs), which apply within the pharmaceutical market when basic patents expire. The new law confirms a provision from 2002 reducing the duration of Italian SPCs.

16 April 2008

New EPO agreement signals the start of prior art searches

A new agreement between the Italian Patent and Trademark Office and the European Patent Office suggests that Italian patent applications could soon be subject to prior art searches. Although some of the details remain unclear, it is hoped that this initiative will make patent protection for new innovations more attractive and give Italian patents a higher presumption of validity than in the past.

30 January 2008

Amended code sets new trend for industrial design case law

Following the amendment of the Copyright Act to acknowledge explicitly that design creations are entitled to protection under copyright law, Italian case law in the area of industrial designs is looking far more settled. Earlier this year, a Milan court affirmed this trend by finding that Arco floor lamps qualify for copyright protection.

28 November 2007

Injunction u-turn suggests stringent inventiveness requirement

A Turin tribunal has revoked an earlier injunction granted for the alleged infringement of an Italian utility model application. The change of heart indicates that more stringent standards are to be expected from the Italian courts in evaluating the inventiveness requirement that must be met by utility model patents in Italy.

21 November 2007

Ω is a valid and distinctive trademark, court finds

An Italian court has found that a purse clasp in the form of the Greek letter <em>omega</em> – Ω – amounted to valid use of a trademark registration. This is a departure from previous case law, which either refused to acknowledge the validity of marks represented by a single letter or restricted protection to identical forms by competitors.

14 November 2007

How intellectual property can lead to better global competitiveness

New research on innovation policy in Europe shows that Italy is ranked 12th among EU member states – not the best result the country could have hoped for. However, strong creative industries, together with the likely ratification of the European Patent Convention 2000, could help to enhance Italy’s competitiveness.

07 November 2007

Protection of Unregistered Trademarks – Seizure of Infringing Packaging Material Under art. 129 of t

The petitioner, Riseria Monferrato S.p.A., had been using its unregistered design mark comprising the representation of an Indian woman seated on a carpet while preparing bread on a background of columns of blue colour on a further background of red colour. This design mark was being used in a substantially identical form by a competitor, Riseria Roncaglia S.r.l., and such use was pursued notwithstanding warning letters dating back to 2005.

01 January 2007

Exhaustion of Rights Principle in the European Union not Necessarily Applicable to Parallel Imports

A Bologna judge has rejected the arguments of the respondent based on exhaustion of rights. The judge held that this was not a case of admissible “parallel importation” since the goods manufactured in Holland and imported into Italy by the respondent were marketed without the consent of the trademark owner.

01 October 2006

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