News

EU TRADE MARK REFORM

EU trade mark reform The Office for Harmonization in the Internal Market (OHIM) on 24 December 2015 published in the Official Journal, the Regulation (EU) No 2015/2424 of the European Parliament and the Council amending the Community trade mark regulation  changing the name of the Office in European Union Intellectual Property Office (EUIPO) and of the right conferred by “the…read more →

The Milano court has for the first time in Italy granted a substantial compensation for damages

The IP specialized section of the Milano court has for the first time in Italy granted a substantial compensation for damages arisen from trademark infringement and breach of license agreement. The lawsuit was started by the plaintiff E.I. Dupont de Nemours & Co. and its Italian subsidiary company against Bialetti Industrie, an Italian well known manufacturer of coffee percolators and…read more →

Modification of the provisions regulating the territorial competence of the courts having specialized sections for handling lawsuits concerning as a rule intellectual and industrial property.

 The beginning of the new year coincided in Italy with coming into force of a new modification of the provisions regulating the territorial competence of the courts having specialized sections for handling lawsuits concerning as a rule intellectual and industrial property. It is well known that these specialized sections were established in the year 2003 in the Courts of Bari,…read more →

Unitary Patent and Unified Patent Court

The most important news occurred in these last months in Italy is the particular position taken by our country in respect of the Unitary (European) patent and the Unified Patent Court. As you probably know, twenty-four of the 27 EU member states signed both agreements, Spain opted to stay completely outside this new system and Poland signed the agreement on…read more →

Biotechnology & Italian Patent

Biotechnology and Life science in general, are surely two of the most actual topics in the field of patents. Fortunately, although the difficult conditions of the world economy in general, biotechnology is evolving, and the technological progress therein correlated consequently continue to grow, leading to incredible results. In Italy the regulation about biotechnological patents has been introduced only few years…read more →

Prior use of patented invention

Article 68, paragraph 3 of the Italian Industrial Property Code recites as follows: “ Whoever, in the course of twelve months preceding the filing or priority date of the patent application, has used the invention in his enterprise, may continue using it to the extent of the prior use. This right can be transferred only together with the enterprise in…read more →

Trademark opposition procedure in Italy

We are pleased to inform you that, pursuant to Law Decree of May 11, 2011, the trademark opposition procedure provided in Art. 174 of the Industrial Property Code, came into force in Italy as from the 1st July 2011. At last, it is no longer necessary to start a lawsuit to obtain invalidation of a new Italian Trademark application. Every…read more →

Substantive Examination of Italian Patent Applications

In view of the increasing number of inquiries received from our foreign colleagues, associates and clients, we want to explain in detail what is the route followed after filing by an Italian national patent application. A first important difference is when the Applicant is a foreigner and/or a Convention priority is being claimed. In these cases the applications are handled…read more →