Confronto tra segni “capovolti”: il segno indicato nella registrazione è l’unico che rileva ai fini del giudizio sulla somiglianza
La recente decisione del Tribunale dell’Unione Europea del 21 gennaio 2026 nel caso T-43/25 ha confermato il precedente orientamento secondo cui nella valutazione circa la somiglianza tra marchi, i segni devono essere confrontati nella forma in cui godono di protezione, vale a dire così come sono stati registrati o come figurano nella domanda di registrazione, mentre il […]
The Milan Local Division of the UPC clarifies the requirements to grant preservation of evidence measures
With two recent orders, the Milan Local Division of the Unified Patent Court (UPC), which has already been in the spotlight in Europe for its pragmatic approach to preliminary orders, has clarified some important aspects concerning the grant of provisional measures for collecting evidence provided for in the UPC system (equivalent to the Italian search […]
Plant variety infringement: Court of Venice Rules Professional Negligence Trumps ‘Good Faith’ Defence
A landmark decision from the Court of Venice has significantly raised the bar for professional diligence in the seed industry, clarifying the crucial distinction between “equitable remuneration” and full damages for the infringement of plant variety rights under Regulation (EC) No. 2100/94. The decision establishes that, for professionals operating in the sector, ‘lack of knowledge’ […]
Copyright and Applied Art – CJEU Decision. Functional product designers can benefit from standard copyright protection with no stricter requirements imposed
In the highly anticipated copyright decision of 4th December CJEU has ruled that as regards the scope of copyright protection for works of ‘applied art’ the author’s personality must be reflected in the works for which copyright protection is claimed through his ‘free and creative choices’ without a stricter requirement than for traditional copyright protected […]
EU Regulation Expands Geographical Indications Protection to Craft and Industrial Products
Recently, a major step has been taken to safeguard Europe’s cultural and industrial heritage with Regulation (EU) 2023/2411, which establishes geographical indication (GI) protection for craft and industrial products. This new legal framework, fully applicable from 1 December 2025, represents a crucial development in recognising and protecting the names of traditional, regionally linked non-agricultural goods – such as […]
Product Liability Directive 2024/2853 provides Protection against Digital-Era Defects. Member States still have One Year to Implement the Directive into National Laws (9 December 2026)
The new Product Liability Directive adopted last year on 23 October 2024 came into force on 8 December 2024 providing Member States with two years to implement the provisions. Its goal: to address and tackle the new product liability challenges of the digital age. Amongst a host of new provisions, the new product liability rules […]
The Max&Co case: the impact of reputation on the comparison between non-related products and services
In a recent decision, the Opposition Division of the EUIPO provided important clarifications on the impact of a trademark’s reputation in the fashion sector in relation to non-related products and services. With opposition filed on 15 May 2024, Max Mara Fashion Group S.r.L., owner of the earlier trademark Max&Co for clothing and bags in classes 18 and […]
Italy Launches its First Space Economy Law. An Initial Step Towards a Regulated and Competitive Space Sector
On 11th June 2025, the Italian Parliament approved a long‑awaited law governing authorization, supervision, liability, and promotion of space activities conducted within Italian territory or abroad by Italian operators (Law n. 89 of 13th June 2025, the “Space Law”). The Space Law marks a first step in regulating key aspects of space activities in the […]
Ambush marketing and misleading advertising in Italy: final decision on the first application of the new rules and its implications
With judgment no. 3118 dated 11 April 2025, the Italian Council of State addressed, for the first time, the practical application of the rules on ambush marketing introduced by Law Decree no. 16/2020 (“Urgent measures for the organization and execution of the Milan-Cortina 2026 Winter Olympic and Paralympic Games and the ATP Finals in Turin […]
The European Design Reform: key changes in force, the new EUIPO Guidelines, and next steps
1. Introduction Structured in two phases, the first phase (“Phase I”) of the long-awaited EU Design Legislative Reform (also known as the “Design Package”) officially came into effect last 1 May 2025. This reform represents a comprehensive overhaul of the EU design protection system, aiming to modernize it in light of digital transformation, virtual […]
