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Copyright: the exhaustion of the distribution right of a copyright-protected work does not apply in case of alteration of its medium
The rights of a copyright holder where their work had undergone an alteration in form.
Patents — changes to reciprocity rules in the recognition of trademarks and patents between Italy and San Marino
There was a recent agreement between Italy and the Republic of San Marino on the interpretation of art. 43 of the bilateral 1939 Convention.
The Court of Milan ruled on a ‘lookalike’ case, whereby the company San Carlo Food Group claimed the imitation of the graphic elements of its package of chips by the competitor company Amica Chips.
The EU Court has ruled that the registration as a trademark of the shape of the worldwide-known puzzle invented in 1974 by Professor Erno Rubik is to be considered valid.
Patents — international stem cell case: the ECJ rules on the patentability of unfertilised human ovums
With decision dated 18 December 2014 in the proceeding no. C-364/13, the Court of Justice of the European Union (hereafter, Court of Justice) has returned on the patentability of unfertilised human ovums.
Copyright — a new ruling from the ECJ on legal protection of databases and the applicability of contractual limitations
With an important judgment rendered on Jan. 15, 2015 (Case C-30/14), the ECJ ruled on the conditions of applicability of the Directive No. 96/9, concerning the legal protection of databases in any form.
Copyright — AGCOM regulation relating to online copyright protection is at risk for unconstitutionality
TAR has expressed doubts about the constitutionality of the regulation by which AGCOM has intervened for copyright protection on electronic communications networks.
Copyright — a new request to the ECJ in relation to the exhaustion of the right of distribution of original works
The Supreme Court of the Netherlands has requested the ECJ — in proceedings C- 419/13 — to issue a decision on a number of prejudicial issues.
Copyright — the Court of Rome rules in favour of copyright protection of a work of industrial design
The Companies Section of the Court of Rome has issued an interesting decision in relation to the issue of eligibility for copyright protection of works of industrial design.
The Court of Appeal has partially upheld the appeal promoted by Gucci versues Guess by recognising the existence of unfair competition acts.
On 18 September 2014, the European Court of Justice handed down an interesting decision on the validity as a trademark of the shape of products.
A female macaque took a self-portrait using the camera of the English naturalist photographer David J Slater. The news raised doubts about the picture’s copyright protection.
PI proceedings were initiated by a company in order to enjoin a competitor from the continuing use in commerce of its registered trademarks as service name as well as over the internet.
The EU Court of Justice has handed down another judgment expected to further clarify the correct scope and interpretation of copyright ‘exceptions and limitations’.
The Court of Turin has pronounced its appeal decision within the interim proceedings brought by Delta TV Programs against Google and Youtube for the infringement of its IP rights.
Coty Germany filed a claim before the first-instance German court against First Note for infringement of its Community tri-dimensional trademark.
EU Court of Justice holds trade dress of flagship store eligible for trademark registration under EU law
The EU Court of Justice has ruled in favour of the eligibility for registration as a trademark, under EU law, of the overall appearance, trade dress and design of a flagship store.
Copyright — the on-screen copies and cached copies made by a user are licit also without the authorisation of the copyright holder
By a judgment issued on 5 June, the European Court of Justice has ruled on the interpretation of article 5 of Directive 2001/29/CE.
Advocate-general Pedro Cruz Villalón of the European Court of Justice has ruled on the nature and meaning of the concept of parody.
EU Court of Justice rules against referral to pre-determined percentages relating to the degree of recognition of the mark
The EU Court of Justice recently had the opportunity to clarify a set of crucial issues regarding the distinctive character of colour marks.