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A clawback action based on Italian insolvency laws in a procedure opened in Italy can have wider limits when the transaction is governed by a foreign law.
The Italian Supreme Court of Cassation has issued a ruling regarding the extent of protection of weak trademarks based on the doctrine of ‘secondary meaning’.
Can the proceeds of future business activity be allocated to unsecured creditors in concordato preventivo, when secured creditors are not paid in full ?
The decision of the Court of Rovereto of 13 October 2014 and the Court of Bergamo of 26 September 2013 took opposite stands on the issue of the allocation.
Discharge following concordato preventivo does not extend to mortgages granted by partners of the company
The Court of Cassation ruled that partners of a partnership cannot be considered as third parties and therefore the mortgage cannot be considered a guarantee for obligations of a third party.
Trademarks – the nature of ‘strong trademark’ of a certain mark is not sufficient to state its counterfeiting
The Italian Court of Cassation ruled on the counterfeiting of the figurative trademark ‘Valentino’, owned by Valentino S.p.A., by the figurative trademark ‘Giovanni Valentino’, owned by Florence Fashion Jersey Ltd.’ –...
The General Court of Justice of the European Union has ruled on the possibility of registering an advertising slogan as a trademark.
The Court ruled that the word mark ‘NANO’ for goods claimed in class 9 and 28 is to be deemed descriptive of the goods for which protection is sought and therefore invalid.‘ ’...
A decision that held Yahoo! responsible for copyright infringement in connection with videos uploaded by end-users has been overturned.
This paper looks at the construction of normal value in World Trade Organisation anti-dumping law in relation to market economies.
Public or government procurement in CETA, the economic and trade agreement between Canada and the EU
The Comprehensive Trade and Economic Agreement provides a range of measures to make doing business between Canada and the EU easier.
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.