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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.
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.
In Italy, measures have been taken to preserve the continuity of operation of industrial plants of national strategic interest.
Can the admission to concordato preventivo be revoked if creditors, informed by the judicial commissioner of fraudulent acts, approved the proposal of the debtor?
The Italian Supreme Court ruled that the disclosure of acts in fraud carried out by the debtor causes the admission to concordato preventivo to be revoked according to Article 173 IBL, even in case of approval by the creditors.
The VAT refund secured receivable from a customer admitted to concordato preventivo can be partially satisfied if liened assets value is lower
A company filed a plan for a concordato preventivo providing that creditors would be paid out of future earnings, which the Tribunal of Lucca refused to confirm.
Decree-Law 133/2014, known as the ‘Unlock Italy Decree’, has significant implications for the telecoms sector. In particular, a 50 per cent tax credit is envisaged for wideband in ‘white areas’.
Shipping and Transport Bulletin — dredging in Italian ports; cross-border shipments of waste; and more
NCTM has released the December 2014–January 2015 edition of its Shipping and Transport Bulletin.
Article 7 applies to geographical indications identifying products falling within one of the product classes listed in Annex III.
New guidelines on fines issued by the Italian Antitrust Authority: compliance programmes as mitigating circumstance
The new fining guidelines allow companies to obtain a reduction in a fine if they have effective competition compliance programmes in place.
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.
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.