IP

Top 3 predictions for patent litigation in Italy and EU

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

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.

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

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.

Artificial intelligence and fashion: between innovation and creativity

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.

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?”

Fashion runways and right of panorama: a trendy combo!

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 …

Fashion runways and right of panorama: a trendy combo! Read More »

A further step towards the adoption of the new Copyright Directive

On 12 September 2018 the EU Parliament adopted the EU Commission’s proposal for a revised Copyright Directive. The new directive aims at reforming the laws on copyright to create a digital single market in the EU. However, while the need for an update is generally agreed upon, the way in which such update should be …

A further step towards the adoption of the new Copyright Directive Read More »

“Don’t mess up with my right of publicity”: celebrities will not forgive it!

Another prestigious brand sued by a celebrity’s family for using its name without asking for the authorization! After Burberry sued by Humphrey Bogart’s heirs in the United States for using an image of the actor wearing the iconic trench in the movie Casablanca on its website, and Mattel sued by the Frida Kahlo Foundation in …

“Don’t mess up with my right of publicity”: celebrities will not forgive it! Read More »

Influencers: from the spotlight to the eye of the storm!

Influencers and brands have no way out: advertising shall be clearly recognizable as such and this true also with regard to any communication addressed to the netizens. Following FTC and ASA’s guidelines, this topic has been also into the Italian Authorities’ sights lately and several actions have been taken to regulate the phenomenon of influencer …

Influencers: from the spotlight to the eye of the storm! Read More »

New guidelines for EU Financial Institutions moving to Cloud Computing

Prompted by the increasing interest for the use of cloud outsourcing solutions within the banking industry, the European Banking Authority (“EBA“) has recently issued the final recommendations on the use of cloud service providers by financial institutions (“Recommendations“), which will be applicable as of 1 July 2018.

The hidden side of the freedom of panorama

Everybody at some point in their life has photographed historic monuments, artistic and architectural works, buildings and, generally speaking, all works that have a cultural value. However, not everyone knows about the legal implications arising out of such activity or about the different rights that can be affected by it.