IT Contracts, Cloud and Outsourcing

By Alessandro Ferrari, Giacomo Lusardi and Filippo Grondona As the digital revolution unfolds and Forbes accounts over half of the global GDP to digitally transform companies by 2023, it should come as no surprise that the global IT spending will increase to an amount of approximately 3.8 trillion dollars by 2020, to reach the peak of 4 trillion by 2021, as reported by Gartner. The open questions remain; which technologies will lead such growth and to what extent will this momentum affect technology-buyers, technology-providers and ultimately lawyers at the beginning of the twenty-first century’s second decade. Similarly to last year’s …

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Milan Fashion Week and Fashion Law Trends – Wearable and Smart Clothing: The Next Frontier of Fashion

As we already discovered in some of our previous articles on tech & fashion, innovative technology within the fashion industry is more apparent than ever. From updating retail experiences, to wearable technology like smartwatches, technology and innovation are continuously inspiring and influencing trends and fashions. In fact, as Marty McFly introduced smart clothing that could self-adjust to his needs, now fashion brands create tech clothes which can heat up, cool down, change color or even size themselves, playing around with the concept of wearable, smart clothing and connected garments.

Milan Fashion Week and Fashion Law Trends – The magic realm of the right of publicity!

As the Milan Fashion Week Fall/Winter 2021 goes on, another hot topic getting the attention of fashion houses is the issue of celebrities’ right of publicity, i.e. the right to control the commercial use of their identity. To what extent are fashion brands free to use celebrities’ name or image in their marketing communication and for archive purposes? Does celebrities’ right of publicity extend also to the use of their look-alike? Can a celebrity’s name be used on a fashion item or even give the name to the product itself?

Latest news: Sky v. Skykick, CJEU decision overturns Advocate General’s opinion

By Andrea Michelangeli and Annamaria Algieri On 29 January 2020, the CJEU issued its judgement on the Sky v. Skykick case, one of the most awaited trademark decisions of the past years. As anticipated in our previous article posted last October 2019 (you can find it here: https://blogs.dlapiper.com/iptitaly/2019/10/sky-v-skykick-or-on-the-meaning-of-computer-software/), the dispute came up when Sky, active in the satellite and digital television broadcast service, sued before the High Court of Justice of the UK Skykick, which supplies cloud migration information technology services, for the infringement of the EU trademarks consisting in the word “SKY”. Skykick denied the infringement and counterclaimed that …

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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: …

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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 …

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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?

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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?

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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 …

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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.

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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.

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