Region: Italy

Colourful shrimp wars: publishers battle it out over GAMBERO ROSSO and GAMBERO VERDE

The Rome Court of First Instance has held that the publisher of a well-recognised restaurant guide can claim a monopoly on the trademark GAMBERO (meaning “shrimp”) in the publishing industry, acknowledging the publisher's significant efforts to increase the reputation, popularity and reliability of GAMBERO ROSSO among the Italian public.

31 October 2018

The shape of water dispenser tanks: criteria for patentability of utility models in Italy

A recent decision of the Court of Turin provides a roadmap for evaluating the criteria used to assess the validity of Italian utility models.

10 October 2018

Patenting artificial intelligence in Europe

The patentability of artificial intelligence is a hot topic, mainly due to the tremendous expectations around this emerging, disruptive and pervasive technology. On 30 May 2018 the EPO held an international conference to explore this topic in detail.

08 August 2018

What’s mine is yours: employees’ economic rights under the Copyright Act

A recent case addressed an employee’s economic rights associated with software and databases created within the scope of his employment. The board held that the rights belong to the employer in the absence of an agreement to the contrary, pursuant to the Copyright Act.

20 June 2018

General Court increases burden of proof for genuine use

The General Court has held that genuine use of a trademark can be proven only for sufficiently precise and narrowly claimed terms, rejecting a case citing ‘apparatus for the reproduction of sound and images’. In doing so, the court has placed a higher burden of proof on trademark owners.

30 May 2018

Evidence of clear conflict required for declaratory judgment action

The Court of Milan recently decided that a non-specific reply by a patent owner to a request by a third party to provide written acknowledgement of non-infringement is an insufficient basis for instituting a court action for declaration of non-infringement.

11 April 2018

Supreme Court rules on weak marks and likelihood of confusion

Italy’s highest court has confirmed that even minor modifications or additions can be sufficient for a later trademark to avoid likelihood of confusion with an earlier trademark that is considered weak.

07 March 2018

File wrapper estoppel trumps infringement under doctrine of equivalents

The Court of Milan recently held that the text of a European patent application and the applicant’s actions during the prosecution history of the application limiting a claim to a compound’s specific salt form precluded a finding of infringement – including under the doctrine of equivalents – by other salt forms.

20 December 2017

Lessons in unfair competition and misappropriation of confidential information

The Court of Milan recently held that the use of images that are highly similar to those of products shown in a competitor's catalogue constituted unfair competition, and that the use of non-identical technical drawings was insufficient to establish a claim of misappropriation of a competitor’s confidential information.

06 December 2017

Revised EPO guidelines on computer-implemented inventions

The European Patent Office Guidelines 2017 recently entered into force. Like the previous edition, this year’s guidelines include substantial, extensive and comprehensive improvements with regard to guidance on the eligibility of computer-implemented inventions parts.

15 November 2017

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