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Is preliminary technical advice in IP disputes useful?

Jacobacci & Partners
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Italy
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July 18 2012

As part of a major amendment of the IP Code, Article 128 was completely redrafted to allow for the use of a procedure that was formerly applied only in civil law matters: the preliminary technical advice

Preliminary declaration of non-infringement introduced but with limitations

Jacobacci & Partners
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Italy
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May 9 2012

Article 120 of the Industrial Property Code was amended by Legislative Decree 1312010 and now explicitly allows for a declaration of non-infringement in certain circumstances

Establishing the business courts for intellectual property

Jacobacci & Partners
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Italy
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February 15 2012

In 2003 Italy set up Specialised Divisions for Intellectual Property at 12 Italian courts

Italian opposition proceedings: from utopia to reality

Jacobacci & Partners
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Italy
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May 19 2010

Five years after the adoption of Legislative Decree 302005, which introduced the Code of Industrial Property, Regulation 332010 was adopted and entered into force on 10th March 2010

Board rules on confusingly similar device marks based on copyright protection

Jacobacci & Partners
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European Union, Italy
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March 10 2010

On 21st December 2004 Italian company Guccio Gucci SpA started invalidity proceedings (R17572007-2) against Community Trademark Registration 2357671 G GLITZY (device), held by José Alba Fernàndez

Import of products from another EU country insufficient to exhaust trademark rights

Jacobacci & Partners
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Italy
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February 17 2010

In Decision 8758 (23rd December 2009) the Tribunal of Turin held that the import of products from another EU member state is not sufficient to exhaust trademark rights

Supreme Court rules on protection of three-dimensional trademarks

Jacobacci & Partners
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Italy
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December 9 2009

On 29th October 2009 the Supreme Court issued Decision 2292909 regarding an appeal filed against a decision of the Italian Trademark Office refusing registration of a three-dimensional trademark

Board of Appeals rules on the validations of European patents by successors to patent owners

Jacobacci & Partners
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Italy
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September 30 2009

The Board of Appeals of the Italian Patent and Trademark Office (IPTO) has issued a decision on validations of European patents by successors to patent owners

Protecting the shape of a product

Jacobacci & Partners
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Italy
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September 9 2009

Article 9 of the Code of Industrial Property Rights, in force since March 2005, establishes that a sign consisting exclusively of a shape cannot be registered as a trademark if such shape: results from the nature of the goods; is necessary to obtain a technical result; or adds substantial value to the goods

Court finds VENUS and VENUS IV marks to be confusingly similar

Jacobacci & Partners
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Italy
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March 25 2009

In Decision 3639 (13th February 2009) the Supreme Court found that the mark VENUS, registered for cosmetics, and the mark VENUS IV, registered for herbal laxative beverages, were confusingly similar, notwithstanding the differences in the goods and the fact that they were registered in different classes of the Nice Classification

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