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Jacobacci & Partners


Chemical intermediates: patentability and infringement under the doctrine of equivalents

Italy - March 1 2017 The Italian Supreme Court has had the final word on a long-running dispute between Industriale Chimica and Bayer, holding that a chemical

Re-establishment of rights and validation of European patents in Italy

European Union, Italy - March 7 2012 A recent decision of the Board of Appeal of the Italian Patent and Trademark Office has introduced a more liberal interpretation of the re-establishment of rights following a missed deadline for filing an Italian translation of a European patent in connection with validation of the patent in Italy

Class 35: registering retail and wholesale services at the UIBM

European Union, Italy - June 7 2017 Since 2016 the Italian Patent and Trademark Office (UIBM) has taken a harsh stance on registrations for 'retail and wholesale services' in Class 35

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

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

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