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This paper looks at the construction of normal value in World Trade Organisation anti-dumping law in relation to market economies.
NCTM has successfully assisted Nuovo Trasporto Viaggiatori (NTV), the first Italian private rail company on high-speed rails, in a defamation case brought by Ferrovie dello Stato Italiane.
Shipping and Transport Bulletin: new Italian rules on road haulage; French aid to SNCF incompatible with state aid rules; and more
NCTM has released the February-March 2015 edition of its Shipping and Transport Bulletin.
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.
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.
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.
The Tribunal of Milan with a decision of 12 June 2014 took a stand which is in sharp contrast with mainstream case law, with respect to clauses.
Group restructurings: one single group ‘concordato preventivo’ proposal, procedure and voting majority?
Two recent decisions of the tribunals of Ferrara and Palermo address some of the major issues involved in group restructurings under Italian insolvency laws.
Does EU Regulation No. 1346/2000 apply to a defendant not domiciled in EU in a claw-back action brought by the insolvency receiver?
Mr Schmid, the receiver appointed in an insolvency procedure commenced in Germany, brought before a German court a claw-back action against an individual, domiciled in Switzerland.
Shipping and Transport Bulletin — the Italian regime of minimum road haulage prices; the SNCM case; and more
NCTM has released the October–November issue of its Shipping and Transport Bulletin.
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.
Bankruptcy and liquidation trusts: under what conditions can they be recognised in the Italian legal system?
The Italian Supreme Court of Cassation has ruled that trusts can be recognised in Italy, when the settlor is insolvent, only if they are consistent with the purposes of the procedure.
A debtor in a concordato preventivo pre-filing regime can suspend but not terminate agreements pursuant to bankruptcy law
Can the Bankruptcy Court authorise the debtor to terminate credit facility agreements when the debtor submitted a pre-filing for concordato preventivo?
The Italian Supreme Court of Cassation has addressed a key issue under EC Regulation No. 1346/2000: the location of the ‘centre of main interests’ of a company.
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.