Publications

Court of Cassation rules on patent infringement by equivalence

Court of Cassation rules on patent infringement by equivalence

8/6/2016 - Davide Rondano - IAM Weekly 
A recent Court of Cassation decision has affirmed the principle that a variant of a patented invention that is not original over the patent (i.e., does not exceed the technical skills of the skilled person) falls within the scope of the patent.

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Tuesday, June 21, 2016/Categories: Publications
Reformulation of technical problem not permitted during litigation

Reformulation of technical problem not permitted during litigation

4/5/2016 - Danilo De Lorenzo - IAM Weekly 
A recent decision from the Court of Milan confirmed the case law trend that the reformulation of a technical problem solved by a pa-tented invention is inappropriate during legal proceedings.

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Monday, May 16, 2016/Categories: Publications
Court rules stylised cowhide symbol can be freely used for leather goods

Court rules stylised cowhide symbol can be freely used for leather goods

13/4/2016 - Claudia D'Alessio, Paolo Viscuso - IAM Weekly 
On January 15 2016 the Court of Milan confirmed its partial previous decision declaring the nullity of the Italian collective mark consisting of a symbol portraying stylised animal skin. The mark was well known in Italy as 'vacchetta' ('cowhide') and was registered in Classes 16, 18, 21, 25 and 28, claiming goods made of leather in each class.

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Monday, May 16, 2016/Categories: Publications
Foreign patent office decisions accepted as evidence of rights reinstatement

Foreign patent office decisions accepted as evidence of rights reinstatement

6/4/2016 - Massimo Pipoli - IAM Weekly 
The Italian Board of Appeal recently held that the conclusions of foreign national patent offices are relevant evidence when evaluating whether a patent owner seeking the reinstatement of rights has demonstrated that its representative had adequate means to carry out the task entrusted to it.

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Tuesday, March 22, 2016/Categories: Publications
Right to fair reward for employee inventor

Right to fair reward for employee inventor

10/2/2016 - Stefano Brunazzi - IAM Weekly 
A recent decision of the Court of Milan addressed the right to a fair reward which is available, in certain circumstances specified by patent law, to an employee working within the scope of his or her employment who contributes to an invention.

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Tuesday, March 22, 2016/Categories: Publications
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