Publications

What's mine is yours: employees' economic rights under the Copyright Act

What's mine is yours: employees' economic rights under the Copyright Act

20/6/2018 - Marco Mitola - IAM Weekly 
According to Article 12bis of the Italian Copyright Act, the economic rights associated with software and databases created by an em-ployee in connection with their employment responsibilities belong to the employer, in the absence of an agreement to the contrary.

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Thursday, June 28, 2018/Categories: Publications
General Court increases burden of proof for genuine use

General Court increases burden of proof for genuine use

30/5/2018 - Serena Basteri - IAM Weekly 
In Case T‑879/16, Sony Interactive Entertainment Europe Ltd brought an action against the decision of the Fourth Board of Appeal of the EU Intellectual Property Office (EUIPO) on October 4 2016 (Case R 1010/2016-4), relating to revocation proceedings between Sony and the trademark owner Marpefa, SL.

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Friday, June 22, 2018/Categories: Publications
Evidence of clear conflict required for declaratory judgment action

Evidence of clear conflict required for declaratory judgment action

11/4/2018 - Christian Vanzini - IAM Weekly 
An action for declaration of non-infringement may be generally de-fined as an action in which a third party, involved in or anticipating a possible or actual infringement dispute, requests that a court rule on its freedom to perform acts which otherwise could put such par-ty at risk of being considered an infringer.

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Friday, June 08, 2018/Categories: Publications
Supreme Court rules on weak marks and likelihood of confusion

Supreme Court rules on weak marks and likelihood of confusion

7/3/2018 - Camilla Pavanello - IAM Weekly 
Italy’s highest court has confirmed that even minor modifications or additions can be sufficient for a later trademark to avoid likelihood of confusion with an earlier trademark that is considered weak.

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Thursday, June 07, 2018/Categories: Publications
File wrapper estoppel trumps infringement under doctrine of equivalents

File wrapper estoppel trumps infringement under doctrine of equivalents

20/12/2017 - Valeria Croce - IAM Weekly 
The Court of Milan recently held that the text of a European patent application and the applicant’s actions during the prosecution history of the application which sought to limit a claim to a compound’s specific salt form precluded a finding of infringement – including under the doctrine of equivalents – by other salt forms.

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Thursday, February 01, 2018/Categories: Publications
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