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
Weak marks grown stronger, DIVANI & DIVANI trumps DIVINI & DIVANI

Weak marks grown stronger, DIVANI & DIVANI trumps DIVINI & DIVANI

8/4/2015 - Camilla Pavanello - IAM Weekly 
On February 2 2015 the Supreme Court ruled on the issue of secondary meaning, pursuant to Article 13(1) of the Industrial Property Code (D Lgs 30/2005), and its effect when applied to an originally weak trademark.

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Monday, May 11, 2015/Categories: Publications
EU law concerning SPCs and interpretation of the SPC Regulation

EU law concerning SPCs and interpretation of the SPC Regulation

11/3/2015 - Angelo Gerbino - IAM Weekly 
The European Court of Justice (ECJ) ruled that the relevant EU legislation contains no prohibition against obtaining a supplementary protection certificate (SPC) for an active ingredient which is covered by a basic patent and which is covalently bound to another active ingredient in a medicinal product.

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Friday, April 10, 2015/Categories: Publications
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