Publications

Supreme Court recognises punitive damages

Supreme Court recognises punitive damages

2/8/2017 - Patrizia Franceschina - IAM Weekly 
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 law.

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Monday, October 16, 2017/Categories: Publications
When reverse engineering is difficult, infringement of software trade secrets is confirmed

When reverse engineering is difficult, infringement of software trade secrets is confirmed

12/7/2017 - Enrico Eterno - IAM Weekly 
In SI Engineering Srl v Lantek Systems Srl the first instance of the Court of Turin confirmed that, when software  has all of the requirements for being protected as a trade secret, infringement is presumed unless the defendants can show that the technical information was acquired independently. The Court of Appeal has recently confirmed the Court of Turin’s decision.

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Monday, October 16, 2017/Categories: Publications
Class 35: registering retail and wholesale services at the UIBM

Class 35: registering retail and wholesale services at the UIBM

7/6/2017 - Paolo Viscuso - IAM Weekly 
Since 2016 the Italian Patent and Trademark Office (UIBM) has taken a harsh stance on registrations for ‘retail and wholesale services’ in Class 35. During this time, the UIBM has consistently refused to register applications directed to these services.

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Monday, July 10, 2017/Categories: Publications
A tale of statues and camels:  mass-produced items eligible for copyright protection

A tale of statues and camels: mass-produced items eligible for copyright protection

3/5/2017 - Dorotea Rigamonti - IAM Weekly 
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, which found that Thun's porcelain statues were not eligible for copyright protection.

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Monday, July 10, 2017/Categories: Publications
CLINIQUE: reputation alone may not cure trademark's inherent weakness

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

5/4/2017 - Alessandra Naia - IAM Weekly 
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 European Union, its reputation was insufficient to overcome the weakness of the trademark and its inherent lack of distinctiveness.

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Monday, July 10, 2017/Categories: Publications
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