Intellectual property

YouTube held liable of copyright’s infringement in relation to certain popular telenovelas

With the judgment no. 1928/2017, issued on 7 April, the Court of Tourin ruled on the debated theme of online copyright infringement. Popular “YouTube” platform owned by Google Inc., which allows anyone to upload audio/video content for sharing on the network, was held responsible for copyright infringement on the Internet. In particular, Delta TV program s.r.l., holder of the exploitation rights on the Italian territory of 18 different Latin American telenovelas, found  on YouTube  telenovelas of its property ( “Topaz”, “Celeste,” “Legends of Passion “; Etc), so informed YouTube and requested their immediate removal. The Turin Court has… Continue reading

The patented broccoli and the institutional mess

The “Broccoli war“, on which we have already discussed earlier (see here), has been enhanced with a new chapter: the European Commission in its Communication 2016/C 411/03 has taken a position on the conflict that developed in recent months between Parliament Europe and the European Patent Office (“EPO”) on the delicate issue of the patentability of products produced through essentially biological methods. The contrast has developed around some decisions taken by the European Patent Office that, as of March 2015, has declared patentable products (including the now well-known broccoli) obtained through essentially biological processes. According… Continue reading

Sound mark and distinctive character

With the exponential growth of e-commerce, it has also increased the request of sound marks’registrations. A sound mark may consist of a sound, a jingle, or a musical motif, which is combined with a certain product or service, in order to differentiate and distinguish it from other competitive products. Among the best known registered sound marks, the mark which distinguishes the launch of the Windows’ operating system and the famous “Tarzan yell” – recorded by the heirs of the actor who played the famous character of the jungle – must be mentioned. In general terms, a trademark (of… Continue reading

Inventions, patents’ claims and patents’ identity

The Supreme Court (decision no. 10335 of May 19, 2016) has ruled on the following matter: can two patents refer to the same invention, despite the fact that the relevant claims are different? The case In the case examined, Company (A) holds two patents: an Italian patent, and the fraction of a European patent valid in Italy. Company (B), summoned by Company (A) for infringement of the aforementioned patents, disputed that the plaintiff’  Italian patent is coincident with the fraction of the European patent and, as such, should be revoked in accordance with art. 59 of IP Code (“IPC”).… Continue reading

New European Trademark Regulation: what is new?

New Regulation on the European trademark (Reg. (EU) 2015/2424) come into force on  March 23th 2016, amending the previous regulation (Reg. (EC) n. 207/2009), with the aim to modernize the trademark legislation, in line with the latest technological developments. Numerous innovations have been introduced by the new Regulation, intended to have a significant impact on both existing trademarks and on those of next recording. Olfactory marks and sound marks can now be registered Legal requirements for the registration of the trade mark have been modified: under the previous version of Article 4 of the European Trademark Regulation, a sign… Continue reading

The cybersquatting’ countdown has begun: the Moncler case

The WIPO uniform procedure for resolving disputes concerning domain names The expressions “cybersquatting”, as well as “domain grabbing” and “domain squatting”, indicate the illegal activities of those who appropriate  domain names corresponding to another’s trademark or to names of famous people in order to achieve a gain on the transfer of the domain or an harm to those who might use it; or, alternatively, utilize the domain name that reflects another’ trade mark, in order to set up one or more web sites that mimic the original, in order to mislead consumers by selling them… Continue reading

The Broccoli’ war turns on the conflict between EPO and European Parliament

The European Parliament has not digested the decision by which the European Patent Office ruled about the patentability of certain vegetables with specific characteristics (in this case, tomatoes and broccoli), obtained by conventional breeding techniques. Parliament has thus approved by a large majority (413 votes in favor and 86 votes against) a resolution which called on the European Commission to intervene urgently to clarify the actual scope of European legislation on biotechnological inventions. Background Few months we had already discussed on this blog ago about this topic: by the Decision issued on 25 March 2015 in proceedings G2/12 (tomatoes) and… Continue reading

iWATCH: trademarks, keywords and other things

According to the Court of Milan the use of a trade mark registered by a third party as a keyword to target customers through the Internet, is not to be regarded as an unlawful behavior.In the case at hand (order of the Court of Milan of 14.12.2015) the green light was given by the Milanese court to Apple Inc. The contentious matter The renowned manufacturer of iconic products such as the iPhone and the iPad, in 2015 launched a new product on the world market, a wrist watch, obviously electronic, operating with the functions of a modern personal computer: surfing… Continue reading

The invention of the employee and the compensation due

With a recent ruling (no. 12048 of 28 October 2015) the Court of Milan pointed out some principles in relation to the issue of “fair compensation”, i.e. the remuneration payable to the employee of the company that has carried out an invention during is normal working activity. When the employee is entitled to ask for a “fair compensation” In the case examined by the Court of Milan, the invention was developed by an employee of an Italian company and was subsequently patented by a foreign subsidiary, to which the Italian company had assigned the rights to the invention. According to… Continue reading

Early clarification in the field of start-ups and innovative SMEs

On October 29th, the Ministry of Economic Development has published two opinions in response to questions raised in relation to the rules governing Start-ups and innovative SMEs. These are the first clarifications issued by the Ministery in relation to the practical implementations of such legal provisions. The context Start-ups and SMEs that invest in research and development activities and use industrial property can, under certain conditions provided by the law, obtain the title of “innovative companies”, and thus haveing access to a range of benefits and incentives, in the tax area and beyond. The requirements and benefits that are provided… Continue reading