News
Protection of the shape of the “Vespa” scooter
With decision of 16 April 2019, the Turin Court of Appeals confirmed protection as three-dimensional trademark and design work of the "Vespa" scooter. This is a very important ruling in that it concerns the validity of the three-dimensional trademark, and not just the...
read moreCOPYRIGHT DIRECTIVE – The first comments from the professionals in the sector – Milan 15 April 2019
The AIPPI Italian Group and the Milan University have organized for Monday 15 April 2019 in the Aula Crociera Alta di Studi Umanistici (Via Festa del Perdono 7 - Milan) a meeting following the approval of the EU Directive on Copyright in the Digital Single Market by...
read moreCommunicate Made in Italy: innovation and protection of design
On the occasion of the “Salone del Mobile”, that will take place in Milan from April 9 until April 14 2019, INDICAM has organized on April 2, 2019 an interesting event dedicated to the journalists, entitled “Communicate Made in Italy: innovation and protection of...
read moreInnovation Strategy – Milan 16 April 2019
At the INDICAM event: “INNOVATION STRATEGY - 6 round tables on the new challenges for corporate IP protection”, which will take place on 16 April 2019 at the Grand Visconti Palace Hotel (Milan - Viale Isonzo n. 14), Francesca La Rocca from our Firm will intervene on...
read moreTwo new legislative Decrees with regard to trademarks and patents
On 8 March 2019 the legislative Decree of 20 February 2019 was published in the Official Gazzette n. 57, containing the “Implementation of the (EU) Directive 2015/2436 of the European Parliament and of the Council of 16 December 2015, to approximate the laws of the...
read moreThe Chinese Year
In the beginning of the Chinese new year, we have the pleasure of informing that in 2018 our Firm obtained the protection in China of some prestigious Italian trademarks in the clothing and accessories sector. As a result of well structured administrative and judicial...
read moreArtificial Intelligence
On Monday, 21 January 2019 the Italian Ministry of Economic Development set up a group of experts to study the various problems in the field of artificial intelligence (the list of experts is available on the link...
read moreCan the taste of a food product be eligible for copyright protection?
On November 13, 2018, the European Court of Justice issued its judgement in a case involving a spreadable cream cheese, ruling that it is not eligible for protection under copyright. The Court said the taste of a food product cannot be classified as a 'work' as it is...
read moreIs it possible to protect a bag as a shape trademark? The Supreme Court returns to Ferragamo’s three-dimensional trademark.
With decision n. 26001 dated 17 October 2018, the Supreme Court again ruled on the validity of Ferragamo's 'Gancini' three-dimensional trademark, inspired by the graphic form of the letter Ω (omega) and used also as a closure on the front of numerous bags and...
read moreTrademarks: first name and exclusive rights. The Court of Naples declares that the trademark ‘Michele’ is valid in the pizza sector.
In two important cases in which the oldest and world famous Neapolitan pizza parlor has been assisted by Sena & Tarchini law firm, the Court of Naples, with two separate decisions, has confirmed the exclusive rights on the name 'Michele' as a sign, company name,...
read moreNews on the protection of designations of origin and geographical indications for wine
On 5 October 2018 the Official Gazzette n. 232 published the decree by the Ministry of agricultural, food, forestry and tourism policies dated 18 July 2018. This decree contains the general dispositions on the constitution and recognition of the consortiums on...
read moreThe Giurì dell’Autodisciplina Pubblicitaria, Italy’s advertising standards authority, decides on the topic of advertising through the social network
The Giurì dell’Autodisciplina Pubblicitaria, with Decision n. 45/2018 dated 26 June 2018 (the reasoning of which has been recently become known), has for the first time affirmed that an endorsement of a well known trademark (in this case Peugeot) by an influencer on...
read moreCopyright in the Digital Single Market
On 12 September 2018 the European Parliament approved, with important tweaks, the proposal for a directive on Copyright law of the Committee on Legal Affairs of June 2018 The more debated amendments regard Articles 11 and 13. Art. 11 on the 'protection of press...
read moreThe Giurì dell’Autodisciplina Pubblicitaria, Italy’s advertising standards authority, decides on the topic of advertising through the social network
The Giurì dell'Autodisciplina Pubblicitaria, with Decision n. 45/2018 dated 26 June 2018 (the reasoning of which has been recently become known), has for the first time affirmed that an endorsement of a well known trademark (in this case Peugeot) by an influencer on...
read morePatents: fair compensation for non-remunerated inventions ex art. 64 C.P.I.; The Milan Court of Appeal confirms employer’s duty also in the case it has not patented the employee’s invention, but it has transferred it to a third party.
The decision n. 3165/2018 has been published on 27 June 2018 in a proceedings in which an inventor employee has been assisted by Studio Legale Sena e Tarchini against the employer company belonging to a multinational group. It has confirmed that the employer company...
read moreLegislative Decree 11 May 2018 n. 63
On 22 June 2018 the Legislative Decree 11 May 2018 n. 63 shall enter into force implementing the EU Directive no. 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure and...
read moreNews on the protection of know-how
In May there were two important innovations in terms of protection of know-how: one legislative and the other jurisprudential. Infact, on 8 May 2018, the Council of Ministers has definitively approved the Legislative Decree which implements the EU Directive n....
read moreCreation protected by copyright and subordinated work
With decision n. 11163 dated 9 May 2018 the Supreme Court has confirmed two important principles as a corollary to the rule provided in articles 12bis, 12ter and 88 of the copyright law for some categories of works protected by copyright (computer programs and data...
read moreThe payment of an astreinte may be ordered under art. 186 ter c.p.c.
In a recent decision issued by the Tribunal of Milan, an order was obtained pursuant to art. 186.ter of the civil procedure code (Trib. Milan, 5 December 2017, n. 2279, ord.) for payment of an astreinte ordered according to art. 131.2 of the IP Code forfailure to...
read moreIncrease in the number of Patents granted by the EPO
On March 7, 2018 the EPO published its Annual Report for 2017 which is available on its website (www.epo.org/about-us/annual-reports-statistics/annula-report/2017.html).The report shows a general growth in european patent filings and grants by the EPO, especially in...
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