Region: Italy

Right to fair reward for employee inventor

A recent decision of the Court of Milan addressed the right to a fair reward which is available, in certain circumstances specified by patent law, to an employee working within the scope of his or her employment who contributes to an invention.

10 February 2016

Appeal board confirms similarity of hairdressing products and services

In a recently published decision the Italian Board of Appeal confirmed that even if products and services are, by their nature, different, “hygienic and beauty care treatments to human beings and animals” in Class 44 with respect of “hair care products” in Class 3 can be found to be similar, taking into account all the relevant factors.

13 January 2016

Good news for SEP owners, growing NPE interest, EPO turmoil, UPC progress & more - Europe's IP market in 2015

Following on from my colleagues identifying the big stories and trends in both the Asian and US IP markets in 2015, it is my job to do the same with Europe. Having spent a bit of time thinking about this, I can’t identify anything really huge that…

20 December 2015

To truly facilitate innovation, standard-setting must benefit everyone, not just a few big implementers

Last month, this blog reported on a landmark victory for Italian patent licensing business Sisvel in a German suit relating to SEPs and FRAND it had brought against Chinese company Haier. In the decision, thought to be the first handed down by a…

04 December 2015

Wine and oil do not mix – except in trademark rulings

The Court of Cassation recently upheld a Milan Court of Appeal decision holding that, with respect to trademarks, wine and oil are similar goods. The decision is in line with past Italian jurisprudence, yet is inconsistent with both Office for Harmonisation in the Internal Market case law and the position of the Italian Trademark Office, which considers goods in Classes 29 and 33 to be dissimilar.

02 December 2015

German court awards injunction to NPE in first post-Huawei v ZTE standard essential patent decision

A press release sent out this afternoon by German law firm Arnold Ruess reveals that its client Sisvel, the Italian patent licensing business, has secured a significant victory in the German courts. In the country's first decision relating to…

12 November 2015

Sunstar redux: agent’s mistake no excuse for non-observance of renewal deadline

After 10 years of litigation the Court of Cassation recently ruled that an agent’s mistake does not excuse non-observance of a mandatory deadline for paying patent renewal fees. The court held that, in the absence of extraordinary circumstances, a patent owner is not free from the consequences of its agent's failure if it has not demonstrated that it monitored the execution of the tasks entrusted to the agent.

11 November 2015

Reformulating patent claims: a re-introduction to new Article 79

In early 2015 the Court of Milan issued several decisions concerning the application of Article 79 of the Industrial Property Code, which was amended in 2010. In some of these cases the court addressed whether and under what conditions a patent holder may reformulate a set of claims contained in a granted patent.

07 October 2015

After being opposed for so long, Spain could be about to change its mind on joining the UPC

A new Spanish patent act will come into force on 1st April 2017, following its recent publication in the country’s Official Gazette. There is a detailed look at all the major provisions in the legislation over on the PatLit blog, but what looks to…

03 August 2015

Is a trademark consisting of two complex Chinese characters inherently distinctive?

A recent Italian Patent and Trademark Office decision to register a trademark consisting of two complex Chinese characters was based on the distinctiveness of two Chinese characters. However, this distinctiveness is questionable.

22 July 2015

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