Region: 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 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

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

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

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

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

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