Region: Italy

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

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

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