Italy, IP Law Galli updates

Intellectual Property

Contributed by IP Law Galli
Patent infringement to deal with COVID-19 emergency: possible exemptions
  • Italy
  • 27 April 2020

In a province badly affected by COVID-19, valves for respirators used in hospitals in emergency COVID-19 therapy have been replicated locally with a 3D printer (the original valves are reproduced and patent protected) to cope with valve shortages and the impossibility of receiving them in time from the authorised manufacturer. In this case, the fact that a 3D printer is being used for non-commercial production purposes could be per se relevant as an exemption from liability.

New relationship between collective, certification and individual multi-use marks
  • Italy
  • 09 December 2019

Following the implementation of the EU Trademark Directive in February 2019, there has been much debate in Italy over how to manage and choose between collective marks, individual multi-use marks and certification marks. While the new IP regime offers new opportunities, it also requires a careful review of existing regulations and a case-by-case verification of whether a collective mark can be maintained or whether it must be transformed into a certification mark.

Artistic value and copyright protection for industrial designs
  • Italy
  • 28 October 2019

Industrial property lawyers in Italy have been given cause for reflection following a recent European Court of Justice decision which was expected to clarify whether the legislatures of EU member states can grant copyright protection for designs subject to additional requirements to those required for all other copyrighted works. This issue is of particular importance in Italy, as copyright protection is granted to designs on the condition that they have 'artistic value', as assessed by the courts, as well as a creative aspect.

Supreme Court of Cassation reverses patent limitation decision
  • Italy
  • 09 September 2019

The Supreme Court of Cassation recently reversed a Milan Court of Appeal ruling on patent limitation. The Supreme Court of Cassation found that although the Milan Court of Appeal had held the patent at issue to be valid, it had not granted the patentee's claims for infringement because the patent had been subject to a limitation procedure and the acts of infringement had been carried out before the application for limitation had been filed.

Italy implements EU Trademarks Directive and further strengthens trademark protection
  • Italy
  • 12 August 2019

Legislative Decree 15/2019, which implements the EU Trademarks Directive, entered into force on 23 March 2019. The decree's main innovations include the reinforcement of trademark protection (in particular, the possibility of using cross-border measures and reacting against certain preparatory acts of counterfeiting has been extended to transported goods) and the removal of the anachronistic requirement of graphic representation for the registration of non-conventional trademarks.


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