Top 3 Predictions on New Tobacco Products and E-Cigs

By Francesca Romana Ferrucci

Since their first placing on the market, electronic cigarettes – better known as “e-cigs” – and novel tobacco products (“NTPs“) have been a controversial topic of discussion.

Due to the proximity of e-cigs and NTPs with traditional smoking products, lawmakers have had to deal with great issues involving not only authorization requirements and procedures but also issues concerning boundaries in advertisement, taxation and how to address problems such as underage smoking.

Directive 2014/40/EU sets out the general legal framework for NTPs, e-cigs and e-liquids (nicotine and nicotine-free liquids meant to be vaped) in the European Union. In Italy, the latter has been implemented by means of Legislative Decree 6/2016, which has already seen a number of amendments in roughly three years of life.

The latest amendment, introduced by Law 136/2018 in December 2018, leads to interesting scenarios in this sector in Italy for 2019. Here are some thoughts on what we might be looking at in the year to come. Read the rest of this entry »

Top 3 predictions on AI and IoT for 2019

by Giulio Coraggio and Cristina Criscuoli

There was massive growth of Artificial Intelligence (AI) in 2018, which followed the hype of Internet of Things (IoT) technologies during the previous years. But what is going to happen in 2019?

Here are our top 3 predictions for the year: Read the rest of this entry »

Top 3 Fashion Predictions

by Elena Varese and Valentina Mazza

As “fashion fades and only style remains”, here you have our (hopefully stylish) guess on the top three fashion predictions for 2019. Read the rest of this entry »

Top 3 Predictions on Fintech for 2019 🔮

by Alessandro Ferrari and Ludovica Mosci

Thanks to the implementation of the PSD2, we can say that 2018 has been the year of fintech in Europe, with new players finally hitting the market or old players proposing new services.

What to expect for 2019 then? Below our podium predictions on fintech for 2019. Read the rest of this entry »

Top 3 Predictions for Trade Secrets in 2019

by Laura Gastaldi, Fulvia Cosattini, Micaela Jerusalmi

Striking the balance between opposite demands

In order to harmonize the different legislations adopted by each EU Member State and strengthen the protection of know-how and trade secrets, on the June 8, 2016, the EU Parliament and the Council of the EU enacted EU Directive No. 943/2016 (“the Directive“), implemented in Italy in June 2018 by the Legislative Decree No. 63/2018 (“the Legislative Decree“).

The Directive creates a baseline level of protection to be applied by each EU Member State. Importantly, among the rest, it sets out a uniform definition of a trade secret, as follows: any information that is secret (not generally known among or readily accessible to persons within the relevant circles of trade), that has commercial value because it is secret and that has been subject to reasonable steps under the circumstances, by the person lawfully in control of the information, to keep it secret. The definition thus extends beyond more classic trade secrets like construction drawings or recipes, and may include negative information like known product defects or company codes of conduct.

Now the question is: will the European and Italian landscape, as far as trade secrets are concerned, substantially change with the intervention of the Directive and the related implementation measures in each country, or are the principles contained therein already generally applied by the local courts? Will companies in Italy and in the rest of the EU need to act in order to make sure that their trade secrets will be deemed protectable, if necessary? What should we expect from 2019?

Read the rest of this entry »

Top 3 privacy predictions for 2019

by Giulia Zappaterra and Deborah Paracchini

2018 brought us considerable changes in the data protection world. The EU General Data Protection Regulation No. 679/2016 (GDPR) finally became applicable, introducing in the privacy law context its expected innovative principles and rules. But as soon as the GDPR entered into force, the EU Member States began to think about the adequacy of their national legislation. As a consequence, most of EU countries decided to adopt a new local legislation in order to review, amend and, therefore, adequate their local laws to the newcomer GDPR.

But what will happen in the next 12 months? Here our personal predictions on privacy legal issues for 2019. Read the rest of this entry »

Top 3 predictions for patent litigation in Italy and EU

by Gualtiero Dragotti

The long story of the EU patent, commenced in 1975 (!) with the aborted Community Patent Treaty, which ultimately led to the Unitary Patent (established by Regulation (EU) No 1257/2012) and to the Unified Patent Court Agreement, done at Brussels on February 19, 2013 but not yet entered into force, will eventually come to a conclusion in 2019.

This very year will indeed clarify if and how Brexit will take place and affect the UP/UPC package and its entry into force, as well as the possible role of the UK in said system.

In parallel, the German constitutional court is expected to decide on the claim brought against the system and its compatibility with the German and EU laws; such a decision could easily mean a final “yes” or “no” to the system, the “no-side” including also the possibility that the case is referred to the EU Court of Justice.

The third issue to be dealt with in 2019 is the possible relocation of the London seat of the UPC central division to Milan, according to a very strong request ultimately brought forward by the Italian government, supported by Milan’s City Council and Lombardy County.

All these events are strictly intertwined and could result in at least three scenarios. Read the rest of this entry »

THE ITALIAN COMPETITION AUTHORITY FINES FACEBOOK: € 10 MILLION FOR UNFAIR COMMERCIAL PRACTICES

By Alessandro Boso Caretta and Cecilia Borelli

 

With a decision published on December 7th 2018, following an investigation launched in April 2018, the Italian Competition Authority has fined Facebook Ireland Ltd., and its parent company Facebook Inc., for engaging in two unfair commercial practices in violation of the Italian Consumer Code. Read the rest of this entry »

Top 3 gambling law predictions for 2019

by Giulio Coraggio 

It was a very busy year for the gambling sector with operators and suppliers that might be forced to reinvent, or at least considerably adjust, their business model to suit new markets, following their opening up, and new market conditions, due to recent regulatory restrictions.

Below are our top 3 predictions for 2019. Read the rest of this entry »

Top 3 Predictions for Copyright in 2019

by Roberto Valenti & Tommaso Fia

Copyright law is an evolving force. Indeed, its pivotal feature is human creativity – something hard for mankind to get rid of. So, what will happen in 2019 in copyright law in Italy and elsewhere? What are the main trends in copyright law for the next year?

Read the rest of this entry »

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