Region: Italy

Italy: Grapes of wrath: coexistence of unregistered marks in the wine industry

Juggling the coexistence of registered and unregistered trademark rights on Italian family names in the wine industry is a centuries-old practice which the courts appear uninterested in changing

01 September 2017

Trademarks come out of the Italian Patent Box

Article 56 of Decree Law 50/2017 has removed trademarks from the list of IP rights which may benefit from the package of fiscal incentives known as the ‘Patent Box’, and has also limited the access to know-how, albeit providing for a transitional period for those companies which have already exercised the three-year option to take advantage of the incentives.

01 August 2017

Italy: Italy’s robust image rights regime

Italian law establishes a robust and far-sighted legal regime for the protection of image rights – which are viewed as an aspect of privacy and thus a fundamental human right

01 July 2017

Iconic Vespa scooter is work of art

The Specialised Division on Company Matters of the Court of Turin has granted protection to the iconic Vespa scooter, marketed by Italian company Piaggio, as both a three-dimensional trademark and a creative work of industrial design, following infringement proceedings against three Chinese products. However, although the court acknowledged the Vespa product as a work of art, it raised some doubts which remain unaddressed.

18 May 2017

Procedures and strategies for anti-counterfeiting: Italy

Featured in Anti-counterfeiting: A Global Guide 2017

Contrary to common belief, the Italian legislative instruments against IP infringement are quite efficient. In 2003 specialised IP divisions were set up in 12 existing courts, and in September 2012 these were increased to 21. These divisions have exclusive competence to decide civil actions relating to trademarks, patents, copyright and unfair competition.

18 May 2017

Italy: Design disclosure in the Facebook era

A recent European Court of Justice decision on the disclosure threshold for registered designs has sparked much interest in Italy, given that trade dress in Italy is protected via registered designs

01 May 2017

Trademark procedures and strategies: Italy

Featured in World Trademark Review Yearbook 2019/2020

The protection of industrial property rights in Italy is regulated by the Civil Code and the Industrial Property Code. The Industrial Property Code was brought into force in 2005 by Decree-Law 30/2005; it was subsequently reformed by Legislative Decree 131/2010. Further, the implementing regulations of the code were introduced by Ministerial Decree 33/2010.

29 March 2017

Trademark procedures and strategies: Italy

Featured in World Trademark Review Yearbook 2017/2018

The protection of industrial property rights in Italy is regulated by the Civil Code and the Industrial Property Code. The Industrial Property Code was brought into force in 2005 by Decree-Law 30/2005; it was subsequently reformed by Legislative Decree 131/2010. Further, the implementing regulations of the code were introduced by Ministerial Decree 33/2010.

29 March 2017

Bulgari successfully enforces selective distribution network against former distributor

The Specialised IP Division of the Court of Catania has granted a preliminary injunction in favour of jewellery and luxury goods company Bulgari against a former member of its selective distribution network. The decision is noteworthy as it granted protection against the illegal use of the BULGARI marks by a former official distributor, thereby expressly acknowledging the legitimacy of the selective distribution system implemented by Bulgari.

27 March 2017

Court of Rome: customs protection represents proper application of constitutional right to defence

The IP and Company Specialised Division of the Court of Rome has reversed an order issued by a judge in the same court preventing Vorwerk, a multinational company based in Germany, from applying for customs protection against products marketed by MicroMic. The court held that the right to defence, which is constitutionally protected, necessarily includes the possibility of choosing among the different remedies provided by the legal system.

08 March 2017

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