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04 March 2019

LG Chem scores settlement and licence with key Chinese battery maker

After calling off ITC investigation, South Korean company will receive royalties from Hong Kong-based supplier to brands like DJI, Oppo and Apple

12 October 2017

Effective use of Community design protection

Design protection has taken on an increasingly important role in recent years, since appearance and exterior shape now play a fundamental role in the success of a product. Designs are now relevant to a wide range of products involving industry,…

05 April 2017

CLINIQUE: reputation alone may not cure trademark's inherent weakness

In a recently published decision the Court of Cassation held that although the trademark CLINIQUE was well known in the European Union, its reputation was insufficient to overcome the weakness of the trademark and its inherent lack of distinctiveness.

11 January 2017

Patronymic trademarks in the fashion industry: what’s in a name?

In the fashion industry it is common to use and register the name of a designer as a trademark. But what happens when a designer assigns his or her company's IP assets, including trademarks associated with his or her own name, to a third party, and then continues using the name in new trademarks?

07 December 2016

When employment contracts are silent: remuneration for employees' inventive activities

The Court of Cassation (Italy's highest court) recently issued a decision concerning whether a scientific director who contributed to an invention but whose employment contract did not specifically address remuneration for such activities was entitled to the payment of a fair premium.

12 October 2016

Court of Cassation clarifies management of simultaneous validity and infringement proceedings

A recent Court of Cassation decision has affirmed the principle that when separate infringement and invalidity proceedings are pending simultaneously, the court managing the infringement action should stay those proceedings until conclusion of the validity action.

10 August 2016

Claimed ranges and patent infringement under the doctrine of equivalents

In the recently published decision of Geratherm Medical AG v Gima SPA the Court of Milan ruled that patent protection for a numerical range of values cannot be extended under the doctrine of equivalents to cover a numerical value that falls even slightly outside that range.

13 July 2016

Court of Milan considers claims of nullity and partial nullity against same mark

A Court of Milan decision ordered the partial nullity of a trademark, permitting the continued registration of the remainder of the mark. Although trademark litigation may not always be pretty, it might just save at least part of your trademark.

08 June 2016

Court of Cassation rules on patent infringement by equivalence

A recent Court of Cassation decision has affirmed the principle that a variant of a patented invention that is not original over the patent (ie, does not exceed the technical skills of the skilled person) falls within the scope of the patent.

04 May 2016

Reformulation of technical problem not permitted during litigation

A recent decision from the Court of Milan has confirmed the case law trend that the reformulation of a technical problem solved by a patented invention is inappropriate during legal proceedings.

13 April 2016

Court rules stylised cowhide symbol can be freely used for leather goods

The Court of Milan has confirmed its partial previous decision declaring the nullity of the Italian collective mark consisting of a symbol portraying stylised animal skin. The mark was well known in Italy as 'vacchetta' ('cowhide') and was registered in Classes 16, 18, 21, 25 and 28, claiming goods made of leather in each class.

10 February 2016

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.

13 January 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.

20 December 2015

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…

04 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…