6
December
2017
Lessons in unfair competition and misappropriation of confidential information
The Court of Milan recently held that the use of images that are highly similar to those of products shown in a competitor's catalogue constituted unfair competition, and that the…
8
November
2017
UIBM’s novel approach to finding sufficient spread between SPREAD and SPREAD
In its March 21 2016 decision in Trust Monti Fonti and Saldarini 1882 v Arboritanza Gianmarco (807/2013), the Italian Patent and Trademark Office (UIBM) used a new approach for…
11
October
2017
Supplementing your understanding of supplementary protection certificates
The Milan Court of First Instance recently addressed the validity of a supplementary protection certificate (SPC) held by Amgen based on a first marketing authorisation in Italy…
2
August
2017
Supreme Court recognises punitive damages
On July 5 2017, the Supreme Court of Cassation (Case 16401/17) recognised for the first time that punitive damages may be applied in connection with civil liability under Italian…
12
July
2017
When reverse engineering is difficult, infringement of software trade secrets is confirmed
In SI Engineering Srl v Lantek Systems Srl the first instance of the Court of Turin confirmed that, when software ‒ namely a proprietary format for storing both geometrical data…
7
June
2017
Class 35: registering retail and wholesale services at the UIBM
Since2016theItalianPatentandTrademarkOffice(UIBM)hastaken aharshstanceonregistrationsfor‘retailand wholesaleservices’in Class 35. During this time, the UIBM has consistently…
3
May
2017
A tale of statues and camels: mass-produced items eligible for copyright protection
On March 23 2017, the Court of Cassation, the highest Italian court, upheld an appeal filed by Italian company Thun Spa against a 2012 judgment of the Venice Court of Appeal,…
5
April
2017
CLINIQUE: reputation alone may not cure trademark's inherent weakness
In a recently published decision (Civil Division, Section I, December 7 2016, no 25168) the Court of Cassation held that although the trademark CLINIQUE was well known in the…
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