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.
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.
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.
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.
1/3/2017 - Elena Comoglio - IAM Weekly
The Supreme Court has written the final chapter in a long-running litigation between Industriale Chimica and Bayer in connection with the production of drospirenone when it ruled that a chemical intermediate might not be patentable per se, despite being novel, inventive and provided in a stable form.