IP – Page 3 – IPT Italy

Milan Fashion Week and Fashion Law Trends – The never-ending saga of cultural appropriation in fashion

Chiara Perotti / 25 February 2019 / Fashion, Intellectual Property, IP

Over the last years we have witnessed extensive disapproval of the fashion world when dealing with collections or campaigns inspired by different cultures. As a fact, criticism on alleged cases of cultural appropriation has been rising to the stars throughout the years and does not seem to come to an end.

Generally speaking, cultural appropriation is defined as the unrecognized or inappropriate adoption of traditions, practices, ideas, etc. of one culture by members of another cultural, usually the latter being more dominant.

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Milan Fashion Week and Fashion Law Trends − New brand identity in the fashion industry: is the “sans-serification” the right move?

Laura Gastaldi / 22 February 2019 / Fashion, Intellectual Property, IP, Trademarks

In recent months many fashion companies have been restyling their brands by simplifying and minimizing their visual impact: big fashion industries are dropping unique fonts, words and design features − which until now have significantly contributed to differentiate their brands from their competitors’ − in favor of most popular and common fonts, such as sans-serif.

“Less is more”, we may say.

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Use of excerpts of videogames and eSports competitions without the right holder’s consent: is it fair use (or the Princess is in another castle)?

Elena Varese / 21 February 2019 / Copyright, General, Intellectual Property, IP, Media & TLC

Publications sharing tips on how to complete videogames and maximise bonuses might increase with the expansion of the eSport competitions. The same applies to platforms streaming videogames alone or together with eSport actions of the various players. Yet are these activities possible without the right holders’ consent?

Under Italian law, videogames are protected as a whole as copyright works like movies, whilst their frames could be protected as simple photographies (with protection lasting 20 years from their publication). Following a different opinion, videogame frames could be excluded from protection, as they may considered similar to documents, as provided by Art. 87, last sentence of the Italian Copyright Law (ICL).

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Milan Fashion Week and Fashion Law Trends: Sustainability and green claims

Valentina Mazza / 20 February 2019 / Advertising, Fashion, Intellectual Property, IP

After that last September Lady Gaga walked the Venice Film Festival red carpet in a pink feathered Valentino gown, next season will be all about feathers. But where do feathers come from? Are they compliant with sustainability claims and animal welfare regulations?

Since consumers are increasingly sensitive towards sustainability problems and the ecological and ethical qualities of a product can influence the purchasing choices of the average consumer, the last trend in fashion is using materials and manufacturing processes that respect the environment and local communities, along with animal welfare and working conditions. During last Milan Fashion Week, the whole fashion system met at the Green Carpet Fashion Awards launched in 2017 to celebrate the commitment of luxury fashion houses to sustainability. Ex Spice Girl, now fashion designer Victoria Beckham announced that she will stop use of exotic leathers from A/W 2019 collection of her fashion brand, already fur free. The global sportswear brand Adidas committed to using only recycled plastic by 2024. Just yesterday the French luxury group LVMH launched the first standard for responsible crocodile leather sourcing across three pilot farms.

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Milan Fashion Week and Fashion Law Trends: Use and protection of fashion archives

Elena Varese / 19 February 2019 / Advertising, Copyright, Fashion, General, Intellectual Property, IP, Trademarks

The Milan Fashion Week has just started and from today we are glad to host some highlights on the major fashion law trends of this season.

Heritage is one of the major assets a fashion company holds and the ultimate tendency of this Fashion Week is to revamp old creations from the maison’s archives.

Firstly, it should be assessed whether the fashion company can use its own archives. This seems to be a plain question, however, in practice, it could happen that, despite being the owner of the physical copies of sketches and preparatory works of certain garments or motifs, the company does not hold the IP rights over such creations of the past.

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eSports: a new frontier for the advertising law and image rights?

Laura Gastaldi / 14 February 2019 / Advertising, General, IP, Sport

eSports competitions have recently become a trend topic among sports and gaming lovers.

An ever-growing number of major sports leagues and pro young players are getting involved in this global competitive industry, together with an increasing turnover. By 2020, eSports is predicted to become a billion-dollar industry.

This explosive growth of digital sports championships captured the attention of many leading companies – operating in various lines of business – which are gradually approaching this new phenomenon by investing into eSports in the hope of targeting its relevant audience.

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New programming and investment obligations for VOD and linear audio-visual media service providers!

Laura Borelli / 6 February 2019 / General, Intellectual Property, IP, Media & TLC, Telecoms, Video

On 25 January 2019, the Italian Communications Authority (Autorità per le Garanzie nelle Comunicazioni, hereinafter “AGCOM“) published the Resolution 595/18/CONS setting out the new Regulation on programming and investment obligations in favour of European works and works by independent producers (as amended by AGCOM Resolution 24/19/CONS) (hereinafter, “New Regulation“).

The New Regulation – which replaces the previous resolutions concerning the programming and investment quotas, including Resolution 66/09/CONS – was adopted on the basis of the Legislative Decree no. 204/2017, which amended the Consolidated Act on audio-visual media services and empowered AGCOM to set detailed rules applicable to linear and non-linear audio-visual media services providers, as well as to pay-per-view media services providers.

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Top 3 fashion predictions

Elena Varese / 16 January 2019 / Advertising, Consumers, Copyright, Fashion, General, Intellectual Property, IP, Trademarks

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

Top 3 predictions for trade secrets in 2019

Micaela Jerusalmi / 14 January 2019 / Intellectual Property, IP

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

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Top 3 predictions for patent litigation in Italy and EU

Gualtiero Dragotti / 10 January 2019 / IP, Patents, UPC

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.

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The fight against counterfeiting continues: the first Counterfeit and Piracy Watch List is now out.

Elena Varese / 20 December 2018 / Fashion, Intellectual Property, Internet & E-commerce, IP, Trademarks

After the public consultation launched last January, on 7 December 2018, the European Commission (EC) published the first Counterfeit and Piracy Watch List, which provides examples of reported marketplaces or service providers located outside the EU and engaged in counterfeiting and piracy.

Such Watch List was highly expected by right holders and represents the last measure adopted by the EC against infringers, after the Overview of the functioning of the Memorandum of Understanding on the sale of counterfeit goods via the internet (MoU) in 2016 and the Guidelines for online platforms to tackle illegal content in 2017.

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The Pros and Cons of the new EU Geo-Blocking Regulation

Tommaso Fia / 3 December 2018 / Commercial, Consumers, Copyright, General, Internet & E-commerce, IP, IT & Sourcing

Everyone knows that State frontiers were a serious challenge to the exchange of products and services within the European Union. Then, after reaching the so-called Schengen acquis, Member States managed to tear down internal borders and ensure a well-functioning circulation of products over the Union. The new EU Geo-Blocking Regulation is a further step towards the freedom of services throughout the European Union.

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Artificial intelligence and fashion: between innovation and creativity

Valentina Mazza / 16 November 2018 / Artificial Intelligence, Copyright, Data Protection, Fashion, Intellectual Property, Internet & E-commerce, IP

At the beginning of the year, in our fashion predictions we put artificial intelligence (“AI”) at the top of the fashion agenda and ‒ yes, no magic sphere needed! ‒ we were actually right.

Technology has had a huge impact on the fashion industry and in the last year all the retail giants took an algorithmic approach to fashion. After Amazon’s Echo Look app which gives feedback or recommendations on your outfits and Zara’s interactive fitting rooms, with mirrors recognizing the clothes that you are wearing and suggesting others to match them based on style, color and mood, also Yoox explored the potential of AI.

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Legal focus on Banksy’s art of shredding

After revolutionizing the world of art, by transforming an act of vandalism − such as murals − in million dollars artworks, Banksy has recently hit the headlines with his latest provocation. In October, during a Sotheby’s auction, right after the awarding of one of his most famous creations entitled ‘Girl with balloon’ for more than £ 1.000.000, the painting literally destroyed itself. Immediately after, the artist declared to have intentionally placed a shredding machine within the frame. As a consequence, a new piece of artwork – ‘Love is in the bin’ – was created by destroying the first.

This episode definitely calls for some legal analysis also under Italian law of what went on in that occasion. “Can a destroyed artwork be considered as an artwork itself under the Italian Copyright Law? And, above all, what about the buyer’s position, who had purchased an expensive piece of artwork and then was left with some framed stripes of shredded paper?”

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Fashion runways and right of panorama: a trendy combo!

Valentina Mazza / 9 October 2018 / Fashion, Intellectual Property, IP

The fashion month is over and – besides fringes and feathers – artistic monuments and museums have played a big role on the stage! From the Louvre Museum for Louis Vuitton, the Tour Eiffel for Yves Saint Lauren, the Palais de Justice for Givenchy and Le Palace Theatre for Gucci, fashion houses continue to choose

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