The RES1 Decree is aimed at promoting the deployment of clean energy power plants in Italy from 2019 through to 2021. The RES1 Decree is part of the European Clean Energy Package 2020-2030. Regulatory context On 23 January 2019, the Ministry of Economic Development, in consultation with the Ministry of Environment, notified the draft of the Inter-Ministerial Decree on the incentive regime for renewable energy power plants (“RES 1”) to the European Commission. The previous Decree (Ministerial Decree of 23 June 2016) had provided financial incentives for large energy plants (except for Photovoltaic systems) only until 2015 (annual capacity quotas… Continue reading

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

Maintenance and technological modernization of photovoltaic plants in operation: procedures under D.M. June 23, 2016 (Short version)

On February 21, 2017, the Italian Energy Services Operator – GSE S.p.A., published on its website the Procedures for the management of maintenance and technological modernization of photovoltaic plants in operation to which feed in tariffs have been granted (the “Procedures”). General principles. The Procedures provide different rules for maintenance and technological modernization so-called “Material” and maintenance and technological modernization so-called “Not material”. In case of “Material” interventions, or interventions which involve changes to the relevant characteristic data or the plant configuration, the Responsible Persons (Soggetti Responsabili) are required to submit to GSE appropriate communication of the… Continue reading

Constitutional Court declares groundless the question of constitutional legitimacy of the Spalmaincentivi

With a press release issued on December 7, 2016 (downloadable here cc_cs_20161207144241), the Constitutional Court declared groundless the question of constitutional legitimacy of art. 26, paragraphs 2 and 3 of the Decree 24 June 2014, n. 91 (ratified with amendments by Law 11 August 2014, n. 116), so-called “Spalmaincentivi”, with reference to renewable energy produced by PV systems. Further details will follow once the sentence will be made public. For more information, please contact the author.

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

Maintenance and modernization of photovoltaic plants subsidized in Energy Bill: the GSE publishes the first guidelines

Looking forward to the upcoming publication of the procedures provided by art. 30 of DM 23 June 2016, on 9 August 2016, GSE has published on its website a note providing the reference framework for the management of maintenance and technological modernization of photovoltaic plants in Energy Bill. Below is a brief review of main principles that, as of today, are the reference in the assessment of the communications submitted to GSE even before 30 June 2016. Eligibility limits in case of work in incentive in Energy Bill. In general, it is allowed to perform maintenance and modernization of photovoltaic… Continue reading

On shore wind farm – Eventually published the Decree providing for incentives in favor of renewables other than photovoltaic

On 29th June 2016, the Decree 23rd June 2016 providing for incentives in favor of renewables other than photovoltaic was eventually published in the Official Gazette of the Italian Republic (GU Serie Generale n.150 del 29-6-2016). The Decree is in force starting from the 30th of June 2016. It is possible to download the text of the Decree at the following URL. Below you could find a brief summary on the Decree, with focus on wind farms with a nominal capacity greater than 5 MW. *** Access to incentives. Pursuant to the Decree, access to incentives varies… 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

Renewables: news on the denial of landscape construction permit

In a recent judgment, the Italian Council of State (i.e. Consiglio di Stato) has specified that refusal of landscape construction permit (even partial) must be based on reasonable and rigorous grounds, especially when it is issued in relation to construction of plants producing energy from renewable sources. That means that it is not sufficient to ground a refusal of landscape construction permit on a generic decrease of the aesthetic dimension of landscape (Council of State, Sec. VI, 23 March 2016, n. 1201). The Council of State has affirmed this principle of law on the assumption that, pursuant to Legislative Decree… Continue reading

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