SUMMARY
RECENT DEVELOPMENTS IN ITALIAN IP LAW
Italian Parliament approves the «anti-infringement package»:
1. Delegation to the Government renewed for revision of the Code of Industrial Property (CIP): one year to introduce new provisions
2. New provisions of the Code which have already come into force: internal priority, the new interim regime for design and the procedural rules. No longer any risk of pending proceedings being adjudged unconstitutional
3. New criminal and administrative sanctions: light and shadows
Reform of civil proceedings: the Expertise has changed in patent matters too
Interpretation of EC Directive 98/71 has been referred to the ECJ in order that the interim regime for design copyright protection may be established
The first reports on EPO searches on Italian patent applications: trends of the Italian Patent and Trade Mark Office
The new Director General of the Italian Patent and Trade Mark Office (UIBM) and of the Fight against Infringement re-launches the Meeting Tables with businesses, taking up the work of the High Commissioner. Institution of the National Anti-Infringement Council
THE CASE
A patent relating to an alleged second therapeutic use which is analogous to the drug’s already known uses is null, in the absence of technical prejudices which would have advised against said second use (Court of Milan, 14 May 2009) – The text of the ruling and of our final brief
THE ARTICLE
The Trade Mark as a sign and distinctive capacity – an article by Professor Cesare Galli published in Il Diritto Industriale
ABOUT US
The activity of Professor Cesare Galli on the new Meeting Tables between the Government and private companies on the fight against infringement and the strengthening of IP protection
The «Legal 500», «Chambers Global», «Which Lawyer» and «Top Legal» guides once more rank Professor Cesare Galli and our Firm among the excellent IP firms in Italy
Professor Cesare Galli called onto the Working Group on Trade Marks and the Fight against infringement of Confindustria (Confederation of Italian Industry)
Recent IP rulings obtained by our firm (Trade Marks: interim protection of renowned Trade Marks even against the non-confusing use of similar signs: expansion of the concept of urgency in the IP field; Interim protection of registered and non-registered renowned trade marks (including colour trade marks) against parasitical linkage; Protection of renowned trade marks against damage to their renown – Patents: Ex ante evaluation of inventive step and recognition of validity and infringement contrary to the conclusions of the Court Expert; «Ever-greening» of pharmaceutical patents and nullity; New technical problem and inventive step: interim measures protecting patents; Use of discovery in patent matters; Patent Expertise at the appeal stage of urgency proceedings – Designs and models: a question of pre-judicial interpretation of EC Directive 2001/6 referred to the ECJ in order to clarify the scope of Art. 239 Code of Industrial Property (CIP); Relations between registered and non-registered designs and models; Validity of «combination» models and informed user criterion – Trade Secrets: Use of discovery and protection of confidentiality of documents submitted by plaintiff – Unfair competition: Parasitical imitation of a series of lamps – Slavish imitation of the packaging of cosmetic products – International activity of the Firm in the IP field)
Our latest publications and Meetings
Download: NEWSLETTER_November 2009_en