Publications

Reformulating patent claims: a re-introduction to new Article 79

Reformulating patent claims: a re-introduction to new Article 79

7/10/2015 - Alessandro Gamba - IAM Weekly 
In early 2015 the Court of Milan issued several decisions concerning the application of Article 79 of the Industrial Property Code, which was amended in 2010. In some of these cases the court addressed whether and under what conditions a patent holder may reformulate a set of claims contained in a granted patent.

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Thursday, December 10, 2015/Categories: Publications
Is a trademark consisting of two complex Chinese characters inherently distinctive?

Is a trademark consisting of two complex Chinese characters inherently distinctive?

22/7/2015 - Sergio Mulder - IAM Weekly 
A recent Italian Patent and Trademark Office (ITPO) decision to register a trademark consisting of two complex Chinese characters was based on the distinctiveness of two Chinese characters. However, this distinctiveness is questionable.

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Thursday, July 23, 2015/Categories: Publications
Misappropriation of trade secrets consisting of technical information

Misappropriation of trade secrets consisting of technical information

1/7/2015 - Enrico Eterno - IAM Weekly 
In SI Engineering Srl v Lantek Systems Srl the Court of Turin held that when technical information meets all of the requirements for trade secret protection and reverse engineering is difficult, the burden of proof rests with the defendant to show that the technical information was acquired independently

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Friday, July 03, 2015/Categories: Publications
Revenge of the Pink Panther: stuffed animal toys can infringe 2D trademark

Revenge of the Pink Panther: stuffed animal toys can infringe 2D trademark

10/6/2015 - Andrea Rocca - IAM Weekly 
On March 4 2015 the Criminal Division of the Court of Cassation issued its decision in Metro-Goldwin-Mayer v Iervolino. The court held that a three-dimensional (3D) reproduction of a two-dimensional (2D) trademark constituted trademark infringement. The ruling is expected to harmonize earlier conflicting decisions on this issue.

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Friday, July 03, 2015/Categories: Publications
Admissibility of late-submitted invalidity grounds in patent litigation

Admissibility of late-submitted invalidity grounds in patent litigation

13/5/2015 - Salvatore Pennacchio - IAM Weekly 
The Court of Milan held that the Italian portion of an European Patent was invalid because the claims extended beyond the content of the original application as filed. This ground for invalidation was submitted after the deadline set for such submissions. The court concluded that new grounds which were not initially presented may be added under certain conditions.

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Monday, May 25, 2015/Categories: Publications
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