8

aprile

2015

IAM

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

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…

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11

marzo

2015

IAM

EU law concerning SPCs and interpretation of the SPC Regulation

On January 15 2015 the European Court of Justice (ECJ) issued an important decision in Forsgren v Austrian Patent Office (C-631/13), which clarified whether certain active…

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1

febbraio

2015

IAM

Interpretation of reciprocity of IP rights protection in Italy and San Marino

A recent official interpretation of the Convention of Friendship and Good Neighbourhood 1939 between Italy and San Marino concerning IP protection in the two states has concluded…

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17

dicembre

2014

IAM

Patent opposition procedure in Italy – coming soon?

In a recent communication the Italian Patent and Trademark Office agreed to accept and consider third-party observations during the pendency of a patent application or during the…

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10

dicembre

2014

IAM

Registered designs can now include slogans

A recent decision of the Italian Board of Appeal confirms that designs, including slogans, may be registered as ornamental models. The board explained that within the context of a…

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19

novembre

2014

IAM

A rose by any other name does not necessarily cause confusion

In a recently published decision (Case 7326 – Decision 03/04, Iniziative Srl v Italian Patent and Trademark Office, September 23 2013) the Board of Appeal issued a ruling…

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8

ottobre

2014

IAM

Defendant‌ ‌pokes‌ ‌holes‌ ‌in‌ ‌screen‌ ‌patent‌ ‌claims‌

In Effe v Stiltende Genius the Court of Milan denied injunctive relief under the doctrine of equivalents to a plaintiff which tried to base an infringement claim on the subject…

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23

luglio

2014

IAM

The deer makes the difference: autonomous protection for each part of composite mark

In Jägermeister v Zwack (Decision 1249/2013 of January 18 2013, published recently) the Supreme Court ruled that for a composite mark consisting of two autonomously distinctive…