Trevisan & Cuonzo Avvocati (LexBlog Italy)
The Court of Florence finds against Condé Nast for use of the image of the David by Michelangelo, recognizing image rights to the work of art
With a first instance ruling issued on 20 April 2023 (available on sistemaproprietaintellettuale.it), the Court of Florence has ordered Condé Nast (editor of GQ Italy) to pay EUR 50,000 plus interest as compensation for damages arising from the unauthorized use of the image of the David by Michelangelo. The case, which was brought by the...
The Italian Competition and Market Authority closes investigation over McDonald’s franchise terms confirming continued focus on cases of abuse of economic dependence
The Italian Competition and Market Authority (“AGCM” or “Authority”) has closed an investigation launched in July 2021 against McDonald’s Development Italy LLC (“McDonald’s”) regarding an alleged violation of art. 9 of Italian Law no. 192/1998 concerning the so called “abuse of economic dependence”. According to such provision, a company shall not exploit the state of...
EPO released the Patent Index 2020: in the year of Covid-19, Italy plays a major role in healthcare innovation
The European Patent Office (EPO) released the Patent Index 2020, which gives an overview of the filing activities in the EU during the past year. Despite the Covid-19 pandemic’s dramatic impact on all aspects of the economy, the number of patent applications filed only slightly declined with a 0.7% decrease compared to 2019. In this scenario,...
New rules against ambush marketing in Italy: a welcome improvement or a missed chance?
In view of the 2026 Milan-Cortina Olympic Games, Italian legislators have been revisiting the legislation currently in place and have brought into force some additional and useful measures to protect official advertisers of the Olympics against the so-called ‘ambush marketing’. On 13 May 2020, Law 31/2020 came into force amending and converting the Law Decree...
Heraeus v. Biomet: in application of the proportionality principle the Court of Milan grants a one-year “grace period” for a final injunction to take effect
Towards the end of last year, the Court of Milan issued a decision in a high-profile trade secrets case whereby it granted a one-year “grace period” for a final injunction to take effect (Court of Milan, 29 October 2019, Heraeus v. Biomet – available on darts-ip). The Court did so by explicitly acknowledging the need...
Court of Rome ordered Vimeo to pay Euro 8.5 million in damages to Mediaset, largest commercial broadcaster in Italy
On January 10, 2019, the Commercial Chamber of the Court of Rome issued a decision on the applicability of the exemptions of liability provided for in Directive 2000/31 EC to internet service providers. With this decision, the video sharing platform Vimeo – which offers services similar to those of YouTube – was ordered to pay...
Recent GDPR Developments in Italy
Recent GDPR Developments in Italy Can we say that Italy took the new privacy rules set out in GDPR seriously? Italian businesses have carried out many preparatory activities in view of 25 May 2018, the date of full applicability of the European Union’s General Data Protection Regulation No. 679/2016 (“GDPR”): a large number of privacy policies have...
An Update on the (Partial) Liberalization of Copyright Collective Management in Italy
By adopting Legislative Decree no. 35 of 15 March 2017 (Decree 35/2017) Italy implemented EU Directive 2014/26 on collective management of copyright and related rights. The Directive and Decree 35/2017 identify two kind of entities which may be entrusted with the management of copyright and related rights: (i) collective management organisations and (ii) independent management...
Italian Antitrust Authority Investigating Ryanair Cancellations
On 29 November Italy’s Antitrust Authority launched non-compliance proceedings against Ryanair, the Irish air line for alleged unfair commercial practices and breach of the Italian Consumer Code. Following the spate of flight cancellations, on 25 October the Rome Administrative Court (TAR), ordered Ryanair to provide information to its passengers – either through easily accessible procedures...
Italy: the Competition Authority and the Medicines Agency enter into a Memorandum of Understanding
The Italian Competition Authority (AGCM) and the Italian Medicines Agency (AIFA) recently signed a Memorandum of Understanding with a view to strengthening their cooperation. The Memorandum underlines that the two agencies share common interests, which relate in particular to keeping high levels of competition, granting access to medicines and preserving the economical balance of the...
Gabibbo wins against Big Red: The Italian character is not a copy of the American one!
After 15 years, the Italian Supreme Court has brought the long-standing matter to an end: according to the decision of the Court, Italy’s Gabibbo is not a copy of America’s Big Red, and there is no finding of copyright infringement. This is the result of drawn out proceedings which commenced in 2002, when several...
Italy and the central division of the UPC: the Parliament takes a wait and see approach
The Italian Ministry of Justice has identified the premises of the Milanese local division of the Unified Patent Court. The division will be hosted in a new building, a few meters away from the main courthouse. The building already hosts other judicial offices and, as of today, is not entirely in use, ensuring the necessary flexibility if an expansion of the division will be needed in the future.
Legge salva-olio: un punto d’arrivo per l’olio Made in Italy?
Lo scorso 31 gennaio è stata pubblicata sulla Gazzetta Ufficiale la legge n. 9 del 14 gennaio 2013 recante “Norme sulla qualità e la trasparenza della filiera degli oli di oliva vergini”, definita anche legge “salva olio Made in Italy”. Questa legge introduce nel mercato di oli “Made in Italy” una serie di novità significative...