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 […]
Thaler v. Perlmutter: The Latest in a Series of Copyright Denials for AI Art
On March 18, 2025, the U.S. Court of Appeals for the District of Columbia Circuit rendered its awaited decision in Thaler v. Perlmutter case, definitively rejecting Stephen Thaler’s attempt to register copyright for the AI-generated artwork ‘A Recent Entrance to Paradise’. The ruling, closely aligned with the approach shown by U.S. Courts in numerous […]
Milan LD of the UPC confirms long-arm jurisdiction for infringement outside UPC territory
The order (available here) was issued in the context of merit proceedings brought against Alpinestars by Dainese for infringement of patents EP 4 072 364 and EP 3 498 117, the former of which is also in force in Spain. Following a preliminary objection raised by Alpinestars, the Milan LD dismissed the application asserting […]
Why you should invest in IP: Insights from the EPO and EUIPO’s 2025 Reports
In January 2025, the European Patent Office (EPO) published two important studies: “Intellectual Property Rights and Firm Performance in the EU” and “Mapping Investors for European Innovators”. These reports provide comprehensive insights into the interplay between intellectual property rights (IPRs), firm performance and the investment landscape for European start-ups. Intellectual Property Rights and Firm Performance […]
The digital author – An AI artist challenges the USCO’s decision that an ‘AI-assisted’ artwork is not eligible for copyright protection
On September 26th, 2024, AI artist Jason Allen filed an appeal at the U.S. District Court of Colorado requesting the reversal of a US Copyright Office (‘USCO’) decision to deny copyright protection for his artwork ‘Théâtre d’Opéra Spatial’. Mr. Allen’s first attempt to secure copyright protection for his work dates back to September 2022, when […]
A balanced approach: PI orders shall be tailored to avoid undue consequences for the defendant, UPC says
The order issued by the Düsseldorf Local Division on 31 October 2024 granting the preliminary injunction requested by Valeo Electrification against some entities of the Magna group (available here) may seem one of the several ordinary PIs issued to date by the UPC, but actually includes interesting statements by the Court on the need to […]
The protection loophole of disclosing unregistered designs outside the EU: a fix may finally be coming from the EU Design Regulation proposal
Among the changes to look forward from the upcoming review of the 2002 Community Design Regulation (“CDR”), which has been endorsed by the Parliament and awaits formal approval by the Council before entering into force, one lies under Art. 1(126) of the current draft proposal (text available here, state of approval here). Despite not being […]
Mario Draghi’s report on EU competitiveness stresses the key role of the Unified Patent system
Today more than ever, Europe is focused on sustainable prosperity and competitiveness. Its institutions aim at creating an environment in which businesses can thrive and people can prosper. It is with this goal ahead that the European Commission tasked Mario Draghi – former President of the European Central Bank and former Italian Prime Minister – to […]
UPC Milan Central Division: here we are.
One year after the UPC was launched and the Local Division (“LD”) in Milan became operational, the Milan seat of the Central Division (“CD”) is now active, adding to the seats in Paris and Munich. The Milan Central Division, located in via San Barnaba 50, 20122, is presided by Mr. Andrea Postiglione, an experienced judge […]
Colour trademark protection and the risk of colour monopolisation
When using colours in internet and social media marketing strategies, companies are able to transmit values and emotions, thus enhancing the effectiveness of promotional messages. For this reason, the role of colour branding in the definition of brand identity is becoming increasingly fundamental for trademark rights. In particular, the role of eye-catching trademarks has become […]
