Region: Italy

Misappropriation of trade secrets consisting of technical information

In a recent decision the Court of Turin held that when technical information meets all of the requirements for trade secret protection and reverse engineering is difficult, the burden of proof rests with the defendant to show that the technical information was acquired independently.

01 July 2015

Should Spain join the UPC, the country's patent attorneys would have a great deal to lose - UPDATED

Recently Italy indicated that, following the CJEU’s decision that the creation of the EU’s unitary patent and unified patent court (UPC) did not breach European law, it will be signing up to the system. Should this happen, it will leave Spain as the…

22 June 2015

Creating strong pharmaceutical trademarks

In the past, the close connection between intellectual property and life sciences has been based almost exclusively on patent protection. The patenting of pharmaceutical discoveries has turned relatively small scientific-based businesses into…

17 June 2015

Revenge of the Pink Panther: stuffed animal toys can infringe 2D trademark

The Criminal Division of the Court of Cassation recently ruled in <i>Metro-Goldwin-Mayer v Iervolino</i>, holding that a three-dimensional reproduction of a two-dimensional trademark constituted trademark infringement. The ruling is expected to harmonise earlier conflicting decisions on this issue.

10 June 2015

Admissibility of late-submitted invalidity grounds in patent litigation

The Court of Milan has held the Italian portion of a European patent invalid because the claims extended beyond the content of the original application as filed. This ground for invalidation was submitted after the deadline set for such submissions; however, the court concluded that new grounds which were not initially presented may be added under certain conditions.

13 May 2015

Weak marks grown stronger: DIVANI & DIVANI trumps DIVINI & DIVANI

The Supreme Court recently ruled on the issue of secondary meaning. The judgment may lead to further developments on two key issues: the extent of the protection of weak signs, and the application of secondary meaning as a remedy to strengthen the distinctive character of such signs.

08 April 2015

EU law concerning SPCs and interpretation of the SPC Regulation

The European Court of Justice has clarified whether certain active ingredients in medicinal products are eligible for supplementary protection certificate (SPC) protection. The court ruled that the relevant EU legislation contains no prohibition against obtaining an SPC for an active ingredient which is covered by a basic patent and which is covalently bound to another active ingredient in a medicinal product.

11 March 2015

Interpretation of reciprocity of IP rights protection in Italy and San Marino

A recent official interpretation of the Convention of Friendship and Good Neighbourhood 1939 between Italy and San Marino concerning IP protection in the two states has concluded, among other things, that European patents should be validated separately in each country.

04 February 2015

Patent opposition procedure in Italy – coming soon?

In a recent communication the Italian Patent and Trademark Office agreed to accept and consider third-party observations during the pendency of a patent application or during the process for obtaining supplementary protection certificates for medicinal products. The decision may augur the introduction of a true opposition procedure for patents in Italy.

17 December 2014

Registered designs can now include slogans

A recent decision of the Italian Board of Appeal confirms that designs, including slogans, may be registered as ornamental models. The board explained that within the context of a design, slogans cannot be registered as such, but only as part of the particular graphic used by the slogan. This decision aligns Italian Patent and Trademark Office practice with that of the Office for Harmonisation in the Internal Market.

10 December 2014

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