New regulatory requirements: impact on outsourcing / IT contracts

The so called Tax Decree (Law no. 157/2019 of 19 December 2019 implementing Law Decree no. 124/2019) introduced new regulatory requirements for services agreements that will have an impact on outsourcing and IT contracts as well as on those contracts where a considerable amount of manpower is utilized (e.g. logistics, maintenance services, etc.). The new rules apply as of January 1, 2020 and require (i) immediate attention due to the sanctions potentially applicable as well as (ii) changes to contracts (including those currently in place) and (iii) adoption of new internal procedures. In a nutshell, the Tax Decree provides that: …

New regulatory requirements: impact on outsourcing / IT contracts Read More »

Nuovi obblighi in tema di appalti

Il c.d. Decreto Fiscale (Decreto Legge. n. 241/1997 convertito con Legge n. 157/2019) ha introdotto sostanziali novità in tema di appalti. Si tratta di una riforma che richiede immediata attenzione per le conseguenze sanzionatorie in capo a committente e appaltatore nonché modifiche ai contratti in essere e da stipulare e l’adozione di nuove procedure interne. Le nuove norme si applicano infatti a decorrere dal 1 gennaio 2020. Avrà certamente un impatto sui contratti per servizi IT, di outsourcing e in settori con grande impiego di manodopera (ad esempio, il settore della logistica, servizi di manutenzione, ecc.). In particolare, è previsto …

Nuovi obblighi in tema di appalti Read More »

DLA Piper esports Laws of the World is now live!

DLA Piper esports Laws of the World is meant to be a review of the main legal issues affecting eSports in the main jurisdictions worldwide.

After months of hard work with our colleagues all around the world, we are ready for the launch of DLA Piper eSports Laws of the World. It was the result of fantastic teamwork, which shows the commitment of our firm to provide our clients with innovative tools to support their business.

The esport market has been booming over the last years, but unfortunately, or fortunately, in some cases, regulations have not been able to catch up. Gambling, sports, and prize promotion/advertising rules might apply to esports events, impose restrictions or grant exemptions, depending on how and where they are organized. The possible variants include the following: is the esports tournament online or landbased? Is a country recognizing esports as an official sport? Can any type of prize be awarded to participants? What are the technical requirements to be complied with? And what is the actual risk of penalties?

Read more »

Evento: Come preparare la propria azienda alla Digital Revolution

Le imprese sono pronte alla Digital Revolution e all’AI? Ne parliamo con capi degli uffici legali di primarie aziende e top manager il 4 dicembre 2019 da DLA Piper nel corso della presentazione del libro scritto dallo studio sull’argomento.

Il rapido processo di trasformazione digitale che sta investendo a vario titolo le aziende comporta, accanto a criticità di ordine organizzativo – strutturale, anche nuove e importante problematiche legali. Come prepararsi a questa incalzante Digital Revolution? Perché l’intelligenza artificiale è già e sarà sempre più una componente essenziale del business delle aziende operanti in qualsiasi settore? Quali misure occorre adottare per non farsi trovare impreparati?

Read more »

A new episode in the Rubik’s Cube saga

Rubik’s Brand v EUIPO – Simba Toys (Case T-601/17) by Laura Gastaldi, Lara Mastrangelo and Alessandra Tozzi Whether you are from the 20th century or a millennial, the Rubik’s cube will immediately bring you back in time. Indeed, such multicolored three-dimensional puzzle is one of the most popular toys of all times, with more than 350 million units sold worldwide. Yet, there are few things that not everybody knows about the Magic Cube. The first one is that it was not originally meant to be a toy: Ernõ Rubik, an Hungarian professor, invented it in 1974 in order to help …

A new episode in the Rubik’s Cube saga Read More »

Legality Rating: New Webrating Platform online!

On October 21, 2019 the Italian Antitrust Authority (Autorità Garante della Concorrenza e del Mercato, hereinafter “AGCM“) has announced the launch of the WebRating platform, a new tool dedicated to companies for the compilation and the delivery of applications and communications relating to the legality rating system.

The legality rating is a summary indicator of the level of compliance of a company with high standards of legality, which is able to reveal the level of attention paid by the company to the proper management of its business.

Read more »

Sky v. Skykick, or on the meaning of “computer software”

On 16 October 2019, the Advocate General Tanchev issued his opinion in relation to one of the most interesting trademark disputes of the recent years, waiting for a preliminary ruling judgement before the CJEU.

The dispute involves Sky plc, Sky International AG and Sky UK Limited (“Sky”), active in the satellite and digital television broadcast service, against Skykick UK Limited and Skykick Inc (“Skykick”), which supply cloud migration information technology services.

According to the results of the main proceedings held before the High Court of Justice of the UK, Sky sued Skykick for having allegedly infringed its EU trademarks consisting in the word “SKY” through the use of the sign “Skykick” and its variants. Skykick defended its position by denying the trademark infringement alleged by Sky and by counterclaiming that Sky’s trademarks were invalidly registered, on the two grounds that (i) the specifications of goods and services lack clarity and precision and (ii) the relevant trademark applications were consequently made in bad faith.

Read more »

Paparazzi v. celebrities copyright lawsuits – the last American trend!

It is common to spot groups of paparazzi taking pictures at celebrities, fashion icons and influencers on the streets not only during fashion weeks and events, but also in their day-to-day lives. At the same time, it has become increasingly frequent in the United States for paparazzi to file copyright infringement lawsuits against celebrities for sharing those pictures on the Internet, i.e. on social media platforms, without the photographers’ “permission or consent” or without paying them any licence fee.

The latest to be sued by a paparazzi for copyright infringement is no less than Victoria Beckham, but the list includes both celebrities like Jennifer Lopez, Ariana Grande, Gigi and Bella Hadid and brands such as Marc Jacobs and Versace. In general, these cases tended to end with out-of-court settlements that led celebrities to pay steep monetary damages. This created a precedent and many other lawsuits, which are still pending, followed, in the last few months.

Read more »

Milan Fashion Week and Fashion Law Trends – Karl Lagerfeld’s heritage: who is going to award the rights on his image? Does the cat really take it all?

Last July, with “The Dawn of Romanity” haute couture show against the Colosseum backdrop, Fendi paid tribute to its longtime Creative Director Karl Lagerfeld, with 54 outfits to represent his 54-year tenure at the maison. But who owns the rights in the image of the recently deceased iconic fashion genius?

According to some leaks, the worldwide famous designer Karl Lagerfeld, before his death, would have left the entirety of his heritage to his beloved cat Choupette. This is not the first time a person decides to nominate his pet as the universal heir: from Countess Karlotta Liebenstein to Alexander McQueen, leaving everything (or a big portion of one’s assets) to a pet has become a sort of trend for many celebrities… But what are the legal consequences in relation to the rights of image of the celebrity according to the Italian law?

Read more »

Milan Fashion Week and Fashion Law Trends – Is the retail and fashion sectors ready for the IoT revolution?

The retail and fashion sectors need to deal with new legal issues due to the adoption of IoT technologies as a consequence of the rapid digital revolution of the industry.

The “wave” of the Internet of Things is heavily impacting the retail sector leading to new legal issues that have never been experienced by most fashion brands, and in general retail companies.

Read more »

Milan Fashion Week and Fashion Law Trends – Fashion and Parody: a trendy combo?

The retail and fashion sectors need to deal with new legal issues due to the adoption of IoT technologies as a consequence of the rapid digital revolution of the industry.

The “wave” of the Internet of Things is heavily impacting the retail sector leading to new legal issues that have never been experienced by most fashion brands, and in general retail companies.

Read more »

Milan Fashion Week and Fashion Law Trends – Can Artificial Intelligence create a style? The relationship between fashion and technology

As we already discovered in some of our previous articles, from 3D avatars to wardrobe advisers, passing through CGI and Robot IT girls, artificial intelligence (“AI”) is shaping our outfits and looks.

Indeed, AI is transforming the fashion industry in every element of its value chain and marketplace. In last years, all retail giants are using AI to improve the efficiency of sales systems and processes and to enhance clients’ shopping experience, offering a personalized service tailored on their interests and preferences.

Most of the biggest fashion houses – from H&M to Tommy Hilfiger – are now investing in algorithms that suggest styles to their customers.

Read more »

Outsourcing agreements and Artificial Intelligence: Hints and Tips Part 2

In one of our latest blog posts, we went through the first part of our hints and tips on outsourcing agreements and artificial intelligence, covering #1 Technological evolution and benchmarking clauses, #2 Liability and limitations, and #3 Know-how transfer, insourcing and supplier replacement.

Below is the second part on: #4 Intellectual Property,  #5 Data protection and #6 Cyber risk and Insurance.

Read more »

Milan Fashion Week and Fashion Law Trends – Does the Cofemel decision marks the end of “artistic value”?

As the Milan Fashion Week goes on in these days, we are eager to keep you updated with the very most recent fashion law topics and matters.

This time we speak about copyright after that on 12 September 2019, the CJEU issued the long-awaited decision on the Cofemel case C-683/17, which opens a new path for the copyright protection of designs in the EU and in Italy.

The case involved G-Star Raw CV and Cofemel – Sociedade de Vestuário SA, two companies active in the sector of clothing, including design, production and sale of materials. G-Star accused Cofemel of copying its designs related to jeans, sweatshirts and t-shirts products, claiming that its models constituted original intellectual creations qualified as “works” and protected under Portuguese Copyright Law. On the other side, Cofemel argued that such models could not be qualified as “works” and, hence, were not copyrightable.

Read more »