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

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

Farmaci, concorrenza ed equivalenza terapeutica

Il Consiglio di Stato interviene con un’articolata pronuncia (n. 1306 del 1 Aprile 2016) incentrata sulla nozione di “equivalenza terapeutica” tra farmaci, nozione che, come precisato dal giudice amministrativo, è concettualmente e giuridicamente distinta da quella di “farmaco equivalente” e di “farmaco biosimilare”. L’origine della nozione di “equivalenza terapeutica” La nozione legale di “equivalenza terapeutica” è nata in seguito ad una segnalazione (AS440 del 27/12/2007) dell’Autorità Garante della Concorrenza e del Mercato in materia di gare pubbliche per la fornitura di specialità medicinali. L’AGCM ha rilevato che non è corretto indire gare pubbliche “a pacchetto” per la fornitura di… Continue reading

The LAZIO TAR admits the injunction order as relief for the recovery of feed-in-tariffs

For the first time the Administrative Tribunal has accepted the use of the injunction relief for recovery of feed-in-tariffs paid on the basis of the production of energy from renewable sources. At the present date, there are two cases where such instrument has been adopted in two disputes in which GSE S.p.A. was party. In a first case, concerning the breach by the GSE of the payment of Feed-in-tariffs due to a photovoltaic operator, the TAR Lazio, with the sentence no. 149/2016 of 5 February 2016, admitted the request for payment of the company and consequently ordered GSE payment of… 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

Renewable sources: TSAP declares the nullity of the clauses that recognize royalties to the municipalities

The Italian Superior Court of public waters – known as “Tribunale Superiore delle acque pubbliche (TSAP)” – finally declared the nullity of the clauses and of all the conventions that grant royalties in favor of municipalities, because they are detrimental to the freedom of enterprise, without contractual cause and, moreover, in contrast with the European Union legislation. That common and unjustified practice consisted, in fact, in the negotiation of agreements with the municipalities, which had as its main purpose the diversion in their favor of a part of incentives that the Italian Government recognized for the production of clean energy,… Continue reading

New criteria have been issued to calculate the cadastral rent: the photovoltaic panels which are not integrated on the roofs and/or walls of buildings are excluded

The Law of 28 December 2015, n. 208, better known as “Legge di Stabilità”, has newly determined the criteria to be used in order to calculate the cadastral rent of the real estate property with a special usage, i.e. registered in the so-called groups D and group E categories. Recently The Revenue Agency (“Agenzia delle Entrate”) – Land Registry, Cartography and real estate advertising Management, with the Circular Letter n. 2/E,  published on 1 February 2016, has definitively clarified the extent of the new regulation contained in the “Legge di Stabilità”, providing also relevant indications concerning the cadastral estimation… Continue reading

SPALMA INCENTIVI – Published the order, operators are waiting for the date of the hearing

On 2 December 2015 has been published in the Official Gazette of Italian Republic the order of T.A.R. Lazio that – in the month of July 2015 – had suspended all the litigations pending and had referred to the Italian Constitutional Court the issue of constitutional legitimacy of art. 26, paragraph 3, D.L. No. 91/2014, better known as “Spalma Incentivi”, which unilaterally reduced the feed-in-tariff granted to the operators of the photovoltaics[1]. The T.A.R. Lazio, after numerous litigations promoted in this context, has referred to the Italian Constitutional Court the decision on the constitutional legitimacy of such… Continue reading

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Con questo blog intendiamo offrire un servizio di aggiornamento sulle novità normative e giurisprudenziali di interesse per il mondo delle imprese, nell’ambito del diritto commerciale, della proprietà intellettuale, delle ristrutturazioni e procedure concorsuali, nonché nel settore farmaceutico e dell’energia.


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