10

dicembre

2015

IAM

Reformulating patent claims: a reintroduction to new Article 79

In early 2015 the Court of Milan issued several decisions concerning the application of Article 79 of the Industrial Property Code, which was amended in 2010. In some of these…

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2

dicembre

2015

IAM

Wine and oil do not mix – except in trademark rulings

The Court of Cassation (Civil Division, Section I, April 13 2015, no 7414) recently upheld a Milan Court of Appeal decision holding that, with respect to trademarks, wine and oil…

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11

novembre

2015

IAM

Sunstar redux: agent’s mistake no excuse for non-observance of renewal deadline

After 10 years of litigation the Court of Cassation recently ruled that an agent’s mistake does not excuse non-observance of a mandatory deadline for paying patent renewal fees.

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7

ottobre

2015

IAM

Pre-filing disclosure of invention to non-skilled audience may destroy novelty

According to a recently published decision of the Italian Board of Appeal, the level of skill and understanding of an audience to which a pre-filing disclosure is made has little…

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22

luglio

2015

IAM

Is a trademark consisting of two complex Chinese characters inherently distinctive?

A recent Italian Patent and Trademark Office (ITPO) decision to register a trademark consisting of two complex Chinese characters was based on the distinctiveness of two Chinese…

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1

luglio

2015

IAM

Misappropriation of trade secrets consisting of technical information

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…

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10

giugno

2015

IAM

Revenge of the Pink Panther: stuffed animal toys can infringe 2D trademark

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…

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13

maggio

2015

IAM

Admissibility of late-submitted invalidity grounds in patent litigation

In Bio Protect Group v Bang & Clean the Court of Milan held that the Italian portion of European Patent 1362213 B1 (EP’213) was invalid because the claims extended beyond the…