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

VADEMECUM – Inspections and fines for tariffs granted by GSE S.p.A. for the production of electric power (DM 31.01.2014)

On January 31st, 2014, the Ministry of Economic Development implemented Article 42 of the Legislative Decree 28/2011, by issuing an all comprehensive regulation of inspections for power plants fuelled by renewable energies, and benefitting from feed-in tariffs granted by Gestore dei Servizi Energetici S.p.A. – GSE (hereinafter the “Decree”, published on the Official Journal of the Italian Republic no. 35 of February 12th, 2014). As implementation of art. 4 of the Decree (“Officers appointed to the survey”) (“Soggetti preposti ai controlli”), on 4th July, 2014, GSE awarded a first tender in order to outsource the… 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

Cost of renewable energy dropped significantly in the last five years give reason to support renewable, IEA says

Studies and analysis have recently revealed that there is a solid economic reason for supporting renewable energy: according to the International Energy Agency ( the gap between the median cost of energy produced from atomic, gas natural and coal power plants and the median cost of energy produced from solar or wind is narrowing significantly. While, in fact, the cost of energy produced from non renewable energy has remained steady (100 $/MWh), over the past five years the median cost of solar energy has dropped from 500 to 200 $/MWh. The median cost is the result of several… Continue reading

More patents, less taxes

The tax incentive provided by the so called “Patent Box” become now operational: on October 20th the inter-ministerial Decree of 30 July 2015 was finally published in the Italian Official Journal. The Decree includes the provisions that allow the undertakings concerned to exercise the option to make use of the tax benefits. This entails a substantial tax reduction (30% in 2015, to 40% in 2016 and 50% in 2017) of a share of income accruing to the undertakings through the exploitation of intellectual property rights: patents (including biotechnological inventions, supplementary protection certificates, patents for utility models and… Continue reading

GSE issues a press release on the suspension of feed-in-tariff disbursement for lack of conformity to Annex A.70 of the Grid Code

Pursuant to Resolution no. 84/2012/R/EEL of Italian Regulatory Authority for Electricity, Gas and Water (AEEGSI), as subsequently amended by Resolution no. 243/2013/R/EEL, GSE is suspending the disbursement of feed-in-tariffs, as well as the effectiveness of simplified purchase and resale arrangements and net metering arrangements, to owners of plants which are not compliant with the rules of Annex A.70 of the electricity grid Code. GSE will communicate the decision to suspend incentives by email to each operator affected by such decision. In a recent press release appeared on, GSE clarified that suspension may apply to (i) plants with a… Continue reading

GSE publishes some clarifications on the application of Resolution 595/2014/R/eel

On 29 September 2015 the GSE has published on its website some “clarifications on the application of Resolution 595/2014/R/eel for adjusting the metering service of electricity produced by PV incentivized plants in so-called “total sale” regime”. In particular, the GSE has informed Operators that from 1st January 2016, the incentives to plants powered by renewable sources, including solar, will be provided exclusively on the basis of measurement data transmitted by the network operator, as provided for by Resolution 595 / 2014 / R / eel of the AEEG. GSE will rely, therefore, to the electricity measured at the point of… Continue reading

“Patents + 2”: new government grants to increase patents’ value

Starting from 6 October it is possible to apply for government grants to the Ministry of Economic Development as part of the initiative called “PATENTS + 2” . These are grants, up to a maximum of € 140,000, given to Italian micro, small and medium enterprises, to finance specialized services serve the economic value of the patent (industrialization and engineering services, organization and development or legal support technology transfer). They may be required by any company falling in one of the following category: 1) il the holder or licensee of a patent issued after 01/01/2013; 2) is the holder of… Continue reading

With reference to the Single Authorisation for renewable energy plants, the EIA does not include also the landscape authorisation

Tar Puglia, sentence n. 1204, dated 6th August 2015 The Administrative Regional Tribunal (TAR) of Puglia has recently ruled that with reference to the Single Authorization (Autorizzazione Unica) for renewable energy installations the EIA (Environmental Impact Assessment) does not include the landscape authorisation. Such authorisation remains an autonomous act for the protection of cultural heritage. Here is a summary of the most salient points of the judgment which partially upheld an appeal by a wind energy production company against the refusal of the Single Authorisation from the Region. The plaintiff raised the violation of Article 26… Continue reading

Active ingredients which are biocides must be authorized

An important news for the chemical and pharmaceutical industries: from September 1, 2015 the sale of biocidal products not authorized under EU Regulation. 528/2012, is forbidden. A biocide is “any substance […] consisting of, containing or able to destroy, remove or render harmless, […], any harmful organism by any means other than mere physical or mechanical action” (art. 1, Reg . EU 528/2012). Thus, as of September 1 the purchase of an active substance containing – or made up of – biocides is legitimate only if the provider is entered into a special list made of entities duly authorized to… Continue reading

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