Posts Tagged: "Italy"

Italian Supreme Court Holds that Rights ‘On Patents’ and ‘To Patents’ are Different Legal Concepts

TPA IMPEX Spa is the owner of European parent n.567044, validated in Italy, regarding a cleaning device for household work. TPA sued DAVY Srl and SIEL srl in the first instance, accusing them of having infringed the Italian portion of the European patent. The defendants answered and counter-claimed for nullification of the the Italian portion of the European patent. The Court of first instance upheld the counter-claim of the defendants, declaring the Italian fraction of the European patent invalid with reference to most of the claims. It concluded that the defendant was entitled to manufacture and sell its cleaning devices. TPA IMPEX appealed. It asked in part that the judgment should be declared void because the inventor was not involved in the proceedings, thus violating Article 102 of the Italian Civil Procedure Code.

Protecting Trade Secrets in Europe – An Update

With the June 9 deadline for national implementation fast approaching, we surveyed colleagues in our other European offices to check the state of play in their jurisdiction. The picture which emerged was mixed. Much progress has been made towards national implementation of the Directive in the UK, Italy, France, The Netherlands, Denmark, Sweden, and Hungary. Implementation in these jurisdictions is expected on or around the June 9 deadline. Work is also underway in Poland and Finland, but it’s possible that implementation could slip a few months past the deadline. Slightly further behind are Spain, Belgium, and the Czech Republic. Germany is currently lagging behind as the recent political deadlock surrounding the formation of the new government has delayed the legislative agenda, although a draft bill has been promised for the first half of 2018.

Massimo Sterpi joins Gianni, Origoni, Grippo, Cappelli & Partners

Massimo Sterpi has joined Gianni, Origoni, Grippo, Cappelli & Partners. Massimo, who previously worked at boutique firm Jacobacci, is one the most respected IP experts in Italy, with strong experience in both transactional matters and litigation concerning trademarks, designs, copyright and patents. Massimo joins the firm with a five associate team (Francesca Fosson, Angela Tasillo, Damiana Masi, Luigia Bersani, Andrea Colantuoni), taking responsibility for the Rome-based IP team.

World Intellectual Property Indicators 2016: Design Patent Highlights

The World Intellectual Property Organization (WIPO) has published its annual World Intellectual Property Indicators. The 2016 report dissects the macro trends associated with filing activity and registrations for 2015 in the following intellectual property areas: patents, trademarks, industrial designs, and plant varieties… The twenty-year era of growth in industrial design patent applications came to an abrupt end in 2014, with a substantial drop in applications filed by 10.2%. In 2015, these figures are back on the rise, with a 2.3% increase. The number of designs in applications also rose in 2015, with non-resident applicant designs being the primary catalyst for growth. China was the main contributor to the number of designs per application, providing half the global total.

C-Suite Executives More Aware of Trademark Portfolio Risk and Reward

Eight in ten C-level executives believe trademark infringement of their marks is on the rise… Despite their feeling that trademark infringement is on the rise, 66% of organizations stated they had plans to launch new marks within the next year, and 80% said they would likely launch even greater numbers if the trademark clearance process were simpler… Clearance has always mattered, but it matters a lot in today’s rapidly evolving trademark ecosystem. Not only are brand owners increasingly focused on clearing brands across multiple channels in multiple regions, but as more and more marks are adopted and registered, the risk of infringement and dilution is also likely to increase. While protectability may be important from a legal standpoint, 45% of polled executives still indicated competitive positioning was most important to them when adopting a new mark. Another 41% indicated they placed value on whether a mark is “unique.” In the United States, protectability was cited by organizations as the third most important factor for a new mark – after competitiveness and uniqueness. Other mark attributes executives signaled as important included global relevance, versatility and timelessness.