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3

maggio

2018

IAM

General Court increases burden of proof for genuine use

In Case T‑879/16, Sony Interactive Entertainment Europe Ltd brought an action against the decision of the Fourth Board of Appeal of the EU Intellectual Property Office (EUIPO) on…

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7

marzo

2018

IAM

Supreme Court rules on weak marks and likelihood of confusion

Italy’s highest court has confirmed that even minor modifications or additions can be sufficient for a later trademark to avoid likelihood of confusion with an earlier trademark…

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7

marzo

2018

IAM

Evidence of clear conflict required for declaratory judgment action

An action for declaration of non-infringement may be generally de- fined as an action in which a third party, involved in or anticipating a possible or actual infringement…

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20

dicembre

2017

IAM

File wrapper estoppel trumps infringement under doctrine of equivalents

The Court of Milan recently held that the text of a European patent application and the applicant’s actions during the prosecution history of the application which sought to limit…

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6

dicembre

2017

IAM

Lessons in unfair competition and misappropriation of confidential information

The Court of Milan recently held that the use of images that are highly similar to those of products shown in a competitor's catalogue constituted unfair competition, and that the…

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8

novembre

2017

IAM

UIBM’s novel approach to finding sufficient spread between SPREAD and SPREAD

In its March 21 2016 decision in Trust Monti Fonti and Saldarini 1882 v Arboritanza Gianmarco (807/2013), the Italian Patent and Trademark Office (UIBM) used a new approach for…

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11

ottobre

2017

IAM

Supplementing your understanding of supplementary protection certificates

The Milan Court of First Instance recently addressed the validity of a supplementary protection certificate (SPC) held by Amgen based on a first marketing authorisation in Italy…

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2

agosto

2017

IAM

Supreme Court recognises punitive damages

On July 5 2017, the Supreme Court of Cassation (Case 16401/17) recognised for the first time that punitive damages may be applied in connection with civil liability under Italian…