Region: Italy

Declaration of non-infringement of Nestlé capsules was sought at proper time, judges say

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

That’s immaterial: identifying material details in Community designs

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

Restyling the Italian Industrial Property Code – how will trademark owners be affected?

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

Employer versus employee: and the winner is…

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

Amending claim is no block to damages request

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

Litigation and eligibility: Italy

Featured in Patents in Europe: Helping business compete in the global economy 2019/2020

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 QVEÉ ASSOLUTA case: a question of labels and wine

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

Are wheel rims accessories or spare parts?

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

LG Chem scores settlement and licence with key Chinese battery maker

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

Off the hook: Supreme Court protects Ferragamo’s hooks against imitation

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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