newsletter & publication

January 2022 – March 2024

1. Digital Services ACT (DSA): new rules enter into force. 2. Headquarters agreement signed for the establishment of the third seat of the UPC Central Division in Milan. 3. New rules to protect geographical indications of craft and industrial products in the European Union have been approved. 4. The new ‘Made in Italy’ law comes into force. 5. A somewhat bittersweet cake: sanctions of more than 1 million to companies of Chiara Ferragni and 420,000 euro to Balocco for unfair commercial practice. 6. Haribo’s gummy bear has distinctive character: it can be registered as a figurative trademark. 7. Once again Banksy tries to strike back: the flower thrower and protection strategy. Does the famous saying “Copyright is for losers” still apply? 8. Jurisdiction in case of application for negative declaration of infringement of a Community design and acts of unfair competition: the United Sections pronounce themselves. 9. Copyright law and advertising slogans: when onomatopoeic expressions constitute creative acts. 10. Counterfeiting of the figurative mark: the Court of Appeal of Milan rules on the protection of the dachshund. 11. Complex mark and overall mark: differences. What the Court of Cassation says.

And much more.

October 2021

1. The Croatian “Prosek” receives the green light from the European Commission. 2. Unified Patent Court (UPC): what happens now (after the decision of the German Federal Constitutional Court)? 3. Published in G.U. the new decree amending the regulation which implement the Industrial Property Code. 4. AGCOM approves the amendments to the Regulations on the protection of copyright on electronic communications networks. 5. New Consolidated Law on Audiovisual Media Services and Electronic Communications Code: the Council of Ministers approves, in preliminary examination, the legislative decrees implementing European standards. 6. Influencers and covert advertising: same old story. 7. Partial designs and protection pursuant to EC regulation no. 6/2002: the conclusions of the Advocate General. 8. Miley Cyrus and the conceptual comparison: a ruling by the EU Court. 9. Guerlain lipstick: a valid three-dimensional mark, says the EU Court. 10. Sound mark: can the sound that reproduces the opening of a can (drink) be registered as an EU mark? The EU Court ruled. 11. Compensation for pecuniary and non-pecuniary damage for violation of copyright. The point of the Court of Cassation. 12. What are the author’s rights of the conductor? A case on the Molleggiato.

And much more. 

April 2021

1. EUIPO-EUROJUST agreement: towards strengthening cooperation in the fight against counterfeiting and online piracy. 2. Is it necessary to obtain the consent of the parties in oral proceedings in videoconferencing before EPO? 3.The antitrust authority sanctioned Facebook with a 7 million euros fine for commercial practice. 4. U-masks: the trial against promotion and sale started. 5. Telepass S.P.a. and Telepass Broker S.P.a. sanctioned for incorrect commercial practice: 2 million Euro fine. 6. The Lego brick is a EU design. 7. Unfair competition and brand counterfeiting: TRIBU NV wins before the Court of Venice. 8. Moon Boots and copyright: another decision of the Court of Milan. 9. “Psychopathic girlfriend” and copyright infringement: a decision on the reproduction of parts of a literary work within an app.

And much more. 

November 2020

1. The Conclusions of the Council of the European Union on intellectual property policy and on the revision of the industrial design system in the Union: a new publication. 2. Copyright, audiovisual media and electronic communications: the Senate gives the green-light to the European delegation law 2019-2020. 3. The transfer of industrial property rights may constitute a transfer of a business unit subject to registration tax: a decision of the Italian Tax Authority. 4. The Antitrust Authority ascertains that some clauses in the sale of tickets of matches for nine Serie A  (Premier League) football clubs are unfair and null. 5. Poste Italiane: sanctioned with 5 million Euros for non-delivery of registered letters. 6. The Antitrust Authority opens an investigation against Google. 7. Klinsmann against Panini: after the World Cup (1990) and the European Championships (1996), the German champion wins also before the EUIPO. 8. Case 7Seven: failure to renew the registration of the figurative mark and restitutio ad integrum. 9. Copyright is for looser: Banksy loses his “flower thrower” before the EUIPO. 

And much more. 

September 2020

1. Food labeling: the European Commission gives the green light to the (Italian) “NutrInform Battery” system. 2. Geographical indications: the green light of the European Council to sign the EU-China agreement. 3. Register of the “.eu” top level domain: the Regulation establishes the eligibility criteria and the procedure for the designation. 4. Are plants (obtained exclusively from an essentially biological process) patentable or not? 5. Registration of the name ‘Südtiroler Schüttelbrot / Schüttelbrot Alto Adige’ PGI in the European register of protected designations of origin and protected geographical indications. 6. Labeling: extension of the obligation to indicate the origin for milk and dairy products. 7. Alitalia and Volotea: the airlines have strengthened the assistance measures for consumers who can now freely choose between a refund or an increased voucher. 8. Ferrari 250 GTO: the European Union trademark expires. 9. Is the Brompton bike protectable under copyright law? 10. Vespa: the saga continues. 

And much more. 

April 2020

1. European patent with unitary effect: works on progress on the patent reform (despite the decision of the German Constitutional Court). 2. Amatriciana: it is a Guaranteed Traditional Specialty, according to the European Union. 3. Ambush Marketing: here we go with the decree. 4. Historical trademarks of national interest: it is possible to submit an application for registration in the special register. 5. Labeling: the obligation to indicate the origin for pasta, rice and tomato products has been extended. 6. The Antitrust Authority asks the managers of the main search engines and browsers to take action against the unauthorized online sale of drugs for COVID-19. 7. Melià Hotels: the European Commission decides on geo-blocking. 8. Storage of products for the purpose of offering them or placing them on the market and storage for the shipment of products: the Court of Justice on the Amazon / Coty Germany case. 9. Registration and use of the distinguishing mark grazia.net in violation of the exclusive rights relating to the trademark and to the newspaper “Grazia”. 

And much more. 

Fabruary 2020

1. Brexit: what now? 2. Artificial Intelligence: the EUIPO and its databases take a step forward. 3. Cannabis and public order: the Court of Justice considers the figurative mark contrary to public order. 4. The sale of second-hand electronic books constitutes communication to the public (subject to the authorization of the author). 5. Designation of products or services and lack of clarity and precision: is the trademark null? 6. Pernigotti Decree – the special register of the historical trademark comes to life. 7. The video clip is a work of art. 8. Sanction of over 10 million euros to Wind tre and Vodafone for unfair commercial practices (promotion of winback offers). 9. The Mano de Dios “stops” Dolce & Gabbana. Decision of the Court of Milan in the matter of image law. 10. Pure unfair competition and competence of the sections specialized in business matters. 

And much more. 

December 2019

1. Falcone-Borsellino, the famous photo is not a photographic work of art. 2. The de facto (figurative) mark – colored band of K-Way: Giorgio Armani loses in Turin. 3. The Court of Cassation on moral rights: the right to claim authorship of the work. 4. Ferrari 250 GTO – for the first time granted copyright protection to a car. 5. Penalty of 1 million euros to Blue Panorama Airlines. 6. Sanctions for 6 million and 800 thousand euros to Acea Ato5 S.p.A., Abbanoa S.p.A. and Publiacqua S.p.A. 7. Tic Tac: the shape of the box is a valid trademark in the European Union. 8. “Vespa”: according to the Court of the European Union, the Chinese scooter does not constitute a counterfeit of the Piaggio model and brand. 9. Does the Court of Justice say goodbye to the requirement of artistic value for industrial design works? 10. Online platforms: new EU Regulation for greater fairness and transparency towards consumers. 

And much more.