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In light of the scope and rationale of the DMCA, general knowledge of copyright infringement, is not sufficient to impose liability on Youtube , and as long as Youtube, once notified of an alleged infringement complied with the take down request and Youtube had implemented the take down, as also recognized by Viacom , YouTube could benefit from the safe harbour provisions. If not, the burden is on the owner to identify the infringement.

Like in Tiffany. Published by Blogmaster 2 comments. In sostanza, un riconoscimento della consolidata giurisprudenza italiana in materia. Ma quando mai! Sotto tale aspetto, la sentenza appare speciosa, formalistica e poco credibile. Insomma, un passo indietro riguardo anche agli ultimi insegnamenti della Corte di giustizia che, a questo punto, speriamo ci metta una pezza.

Published by Anna.


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Cardillo 1 comments. Stefano Sandri Paragrafi di motivazione credo siano un record per il Tribunale di prima Istanza, ora diventato la Corte Generale. Questa differenza ha dato la stura ad una serie di obiezioni in sede di impugnativa davanti al TPI, che peraltro ha confermato la decisione negativa della Commissione di ricorso, ritenendo corretto il din.

Da non perdere.

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Published by Andrea Cicogna 0 comments. In accordance with its established decision-making practice, OHIM refuses to register single letters as trade marks on the ground that such letters are, in its opinion, devoid of any distinctive character within the meaning of Article 7 1 b of the regulation. By failing to carry out any examination, based on the facts, of the distinctive character of the sign at issue, OHIM in effect introduced under Article 7 1 b of the regulation an a priori exclusion from registration of a non-stylised letter and thereby infringed the terms of the regulation.

The General Court and the Advocate General severely criticise the method used by OHIM for assessing the distinctive character of a sign consisting of a single letter. It is then to be expected that the Court of Justice now will set clear once for ever this — unreasonable- controverted issue. This appeal, indeed, gives the Court the opportunity to define its position of principle with regard to the method which OHIM must use for assessing the distinctive character of a sign consisting of a single non-stylised letter, for the purposes of registering the sign as a Community trade mark.

Published by Fabio Cammarata Pignato 0 comments.

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Blogmaster Prof. Published by Blogmaster 1 comments. In data 29 marzo , infatti, la Corte Distrettuale ha emanato una decisione nel caso Association for Molecular Pathology v. Rivendicazioni relative a geni isolati. La Corte, quindi, non ritenendo soddisfacenti le argomentazioni contrarie espresse da Myriad sul punto, ha ritenuto che non vi fosse una rimarcabile differenza tra i geni rinvenibili in natura nel DNA nativo e quelli isolati, ossia una differenza tale da trasformare la materia del contendere brevettabile ai sensi della normativa brevettuale e giurisprudenza applicabili.

Rivendicazioni sui metodi diagnostici. Nella seconda parte del simposio la Dott. Ankara ha ospitato la prima mostra di articoli contraffatti in Turchia nel centro commerciale CEPI dal 1 al 10 marzo scorso.

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Sono stati esposti orologi, giocattoli, occhiali da sole, profumi, scarpe, fermacapelli, etc. Marchi turchi e stranieri contraffatti sono stati esposti fianco a fianco. Secondo il rapporto, la Turchia e' divenuta, dopo la Cina, il secondo mercat o di produzione e smercio di articoli contraffatti ed imitati. Il deposito in formato cartaceo e per via telematica di: domande; istanze, atti, documenti e ricorsi notificati; traduzioni in lingua italiana delle rivendicazioni delle domande di brevetto europeo e dei testi pubblicati dei brevetti europei concessi o mantenuti in forma modificata.

Tiziana Vecchio Il nuovo Regolamento Doganale n. Tramite lo scambio di dati elettronico anche i titolari dei diritti sono informati direttamente delle violazioni. Accettata la richiesta, le Amministrazioni Doganali provvederanno a sospendere le operazioni doganali e a confiscare il materiale individuato conforme alle caratteristiche dichiarate dal titolare del diritto.

Le stesse amministrazioni provvederanno, entro il primo giorno lavorativo seguente la sospensione e la confisca, a comunicare al titolare del diritto tutte le informazioni relative al sequestro. A questo punto i prodotti saranno custoditi in dogana sino alla fine del procedimento giudiziario. Alla tavola rotonda, moderata da Rita Fatiguso del Sole 24 ore, hanno preso parte i rappresentanti di tre aziende. Il Dr. Infine, il Dr. Come sottolineato dal Prof. Consequently, only where actual or potential constraints are imposed on an actual or potential competitor of the applicant may that ground for refusal be relied on.

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That cannot be the case of a law firm. The CJ did not agree for 2 reasons. The first reason is strictly grounded in a coordinated interpretation of art. The former provides that an application for a declaration of invalidity based on an absolute ground for invalidity may be submitted by any natural or legal person and any group or body set up for the purpose of representing the interests of manufacturers, producers, suppliers of services, traders or consumers, which has the capacity in its own name to sue and be sued, whereas Article 55 1 b and c of the regulation, concerning applications for a declaration of invalidity based on a relative ground for invalidity, reserves the right to make such an application to certain specific persons who have an interest in bringing proceedings.

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Thus the GC had rightly found that legislature intended to restrict the group of persons able to apply for a declaration of invalidity in the latter case, but not in the former. Furthermore, whereas relative grounds for refusal of registration protect the interests of proprietors of certain earlier rights, the absolute grounds for refusal of registration aim to protect the general interest underlying them, which explains why Article 55 1 a of the regulation does not require the applicant to show an interest in bringing proceedings.

In my view the decision is fair enough.

Furthermore, and by the same token, anytime a TM Office refuses a trademark as descriptive, the TM applicant would have the right to request the TM Office to specify who is being harmed and how the harm would take place i. Is this all to be said on this decision? Not quite. The CJ, regrettably eluded the question. In the Budget Commission of the Chamber of Deputies approved a much broader prohibition against the use of Italian trademarks on goods not originating in Italy pursuant to EU legislation.

However, this would have been a step too far, as it would have prohibited the increasingly common practice among Italian firms of decentralizing production. Although the text did not become law, it highlighted an erroneous perception of the problems of infringement that is widespread among politicians. A similar rule was passed in However, this provision not only unjustifiably hindered the practice of decentralization, but also created a disparity in the treatment of goods made abroad by Italian firms and those made by firms from foreign countries, including other EU states.

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This appeared to be contrary to the Italian Constitution, quite apart from the problems of compatibility with EU law. The outrage expressed by various business associations and the criticism of legal experts led to a hasty change of direction. Furthermore, a marked disparity in treatment remains. Although the new article no longer uses the term 'Italian trademarks', it prohibits "the use of the trademark by the holder or licensee in such a way as to lead the consumer to believe that the product or good is of Italian origin", unless the real origin is indicated.

Penalties apply not where there is any kind of difference between the apparent and real geographical provenance of the goods, but only where the goods misleadingly appear to originate from Italy. Therefore, a trademark used in a way that leads consumers to believe that the goods in question come from France, when they are actually produced elsewhere, will not be considered unlawful, even though the situations are essentially identical.

It could be argued that this disparity in treatment violates: i Article 3 of the Constitution, whereby the law cannot apply different measures to regulate identical cases as such treatment amounts to unjustified discrimination ; and ii Article 28 30 of the EC Treaty, which prohibits quantitative restrictions and all measures with equivalent effect. In applying this condition to goods not "completely produced in Italy", the legislative decree requires a product's design, planning, production and packaging to have been carried out exclusively in Italy.

Quite apart from the problems of compatibility with EU law, the provision appears to be imprecise and difficult to apply.

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Therefore, there is a risk that the provisions on such statements of Italian provenance will result in misconceptions and disputes; the intended outcome could be achieved more easily with recourse to collective trademarks, which are recognized under both Italian and EU law. Worse was to follow. The new rules state that all such products marketed in Italy, including intermediate products, must bear:.


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  • However, this rule which holds for all products marketed in Italy, irrespective of their origin is clearly contrary to EU law, since it violates Article 28 30 of the EC Treaty. Moreover, Article 1 of the new law states that the words 'made in Italy' cannot be used unless two stages of the manufacturing process 7 take place in Italy and implicitly that to this purpose the last of these stages is not necessarily included, while the EU Customs Code provides that:. Goods the production of which involved more than one country or territory shall be deemed to originate in the country or territory where they underwent their last substantial transformation.

    Furthermore, the new law makes use of the 'made in Italy' indication conditional on the traceability of the other stages - a requirement that also appears in the code. Conflict between a national rule and an EU norm is likely to expose Italy to an infringement procedure under Articles to of the treaty. The Italian legislature is well aware that the issue is specifically a matter for the EU legislature, and that the European Commission is discussing a proposal for a regulation on obligatory origin labelling for certain categories of product from outside the European Union.

    The new norms are also clearly unconstitutional on grounds of inequality, since they impose rules applicable in Italy on the use of the indication 'made in Italy', but not on indications such as 'made in France' or 'made in Germany'. The fact that the new provision is scheduled to enter into force in October , instead of the usual 15 days after publication in the Official Gazette , should allow the EU authorities to express their own opinion. It is to be hoped that these rules will not even come into force. The recent intervention by the Italian legislature - like those of on the same issues - demonstrates a new protectionist tendency, which is probably related to the economic downturn.

    https://viegidissieny.tk However, it completely contradicts the recent positive evolution of IP law in Italy. Both case law and legislation have shown a trend towards a realistic and concrete approach to the protection of IP rights, based on a realistic consideration of what the values underlying these rights represent on the market, and of the place of IP rights in the dynamics of economic activity, the interrelation of enterprises and research.

    Ministerial decrees are intended to provide more precise guidance. The materials contained on this website are for general information purposes only and are subject to the disclaimer. ILO is a premium online legal update service for major companies and law firms worldwide.

    In-house corporate counsel and other users of legal services, as well as law firm partners, qualify for a free subscription. Cesare Galli. View recent newsletter. More articles. Cookies We use cookies to customise content for your subscription and for analytics. Confirm Manage account. Forward Share Print. Introduction Proposed revision of Code of Industrial Property 'Made in Italy' Comment Introduction Italy is seeking to tackle the issue of the geographical origin of products with two new rules: one relating to designations of origin, the other to the use of the term 'made in Italy'.

    Such names are also protected against: " any direct or indirect commercial use of a name registered in respect of products not covered by the registration, insofar as those products are comparable to the products registered under that name or insofar as using the name exploits the reputation of the protected name.

    However, the Financial Law specified that: " 'False indication' includes the affixing of 'made in Italy' indications to products and works not originating from Italy according to the EU rules of origin. The new rules state that all such products marketed in Italy, including intermediate products, must bear: " clear, concise and specific information on the conformity of the manufacturing processes with the rules in force on labour matters, guaranteeing compliance the conventions signed with the International Labour Organization throughout the supply chain with regard to the certification on hygiene and product safety, the exclusion of child labour from the production process, consistency with EU regulations and conformity with international agreements on environmental matters.