Jacobacci & Partners


Interpretation of reciprocity of IP rights protection in Italy and San Marino

Italy, San Marino - February 4 2015 A recent official interpretation of the Convention of Friendship and Good Neighbourhood 1939 between Italy and San Marino concerning IP protection in

Claimed ranges and patent infringement under the doctrine of equivalents

European Union, Italy - August 10 2016 In the recently published decision of Geratherm Medical AG v Gima SPA (Decision 126572015) the Court of Milan ruled that patent protection for a

CLINIQUE: reputation alone may not cure trademark's inherent weakness

European Union, Italy - April 5 2017 In a recently published decision the Court of Cassation held that although the trademark CLINIQUE was well known in the European Union, its

The double identity of OSCAR: a trademark and a common term

Italy - November 9 2016 The Supreme Court recently held that the trademark OSCAR was valid with respect to the film industry and thus gave its owner, the Academy of Motion

Late filing of Italian translation of European patent specifications allowed by Board of Appeal

Italy - March 6 2013 A recent decision of the Italian Board of Appeal confirmed that it is possible to file the Italian translation of a European patent within two months

Patenting artificial intelligence in Europe

European Union - August 8 2018 The patentability of artificial intelligence is a hot topic, mainly due to the tremendous expectations around this emerging, disruptive and pervasive

What’s mine is yours: employees’ economic rights under the Copyright Act

Italy - June 20 2018 A recent case addressed an employee’s economic rights associated with software and databases created within the scope of his employment. The board

General Court increases burden of proof for genuine use

European Union - May 30 2018 The General Court has held that genuine use of a trademark can be proven only for sufficiently precise and narrowly claimed terms, rejecting a case

Evidence of clear conflict required for declaratory judgment action

Italy - April 11 2018 The Court of Milan recently decided that a non-specific reply by a patent owner to a request by a third party to provide written acknowledgement of

Supreme Court rules on weak marks and likelihood of confusion

Italy - March 7 2018 Italy's highest court has confirmed that even minor modifications or additions can be sufficient for a later trademark to avoid likelihood of