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The Court of Milan has confirmed that an urgent declaration of non-infringement can be granted even if the allegedly infringing product has already been launched on the market.
06 August 2019
It is possible to protect the appearance of products throughout the European Union using registered and unregistered Community designs. In order for these to be valid, the design for which protection is sought must be sufficiently different from designs that are already publicly known. Further, the designs may “differ only in details that can be qualified as ‘immaterial’”. But what does the EUIPO consider to be ‘immaterial details’?
24 July 2019
The Italian Industrial Property Code has amended existing provisions and added new ones, with the aim of reinforcing the protection of trademark owners’ rights and harmonising the IP laws of EU member states.
24 July 2019
In a recent decision, the Court of Milan has offered a broad interpretation of employers’ rights to patents filed by employees where the patents are in the employer’s general field. It opined that the employer should be favoured in the case at hand as the inventive act was carried out under an employment contract, although the employee could still be entitled to a reward.
03 July 2019
A Milan Court judgment has provided clarity on damages in a case where a patent claim was amended. The court has stated that when an infringed patent is amended, damages will be incurred from the date that the infringement started, even if this took place before the amendment.
15 May 2019
Patent owners in Italy may file a lawsuit against an alleged counterfeiter and begin proceedings on the substance of the case. If certain requirements are satisfied, the patent owner may also file a provisional remedy in order to seek a faster decision by a judge. In some cases, the decision reached in the petition must be confirmed by a subsequent main proceeding.
11 April 2019
The Italian Trademark and Patent Office Board of Appeal has reiterated that, in the crowded wine sector, confusion between trademarks is less likely to occur even when certain similarities are present, as most consumers pay close attention to the products that they buy.
10 April 2019
In Acacia v Daimler the Court of Rome has confirmed that wheel rims are spare parts rather than accessories. This case examines the details of the repair clause of Article 241 of the Italian Industrial Property Code and Article 110 of the Regulation on Community Designs.
12 March 2019
After calling off ITC investigation, South Korean company will receive royalties from Hong Kong-based supplier to brands like DJI, Oppo and Apple
04 March 2019
The Italian Supreme Court has overturned a decision issued by the Court of Appeal of Milan, finding that it erred in underestimating the well-known character of a 3D trademark of Ferragamo’s omega-shaped hooks.
30 January 2019
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