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
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.
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.
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.
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.