Assessment of post-sale confusion about renowned trade marks

In providing a judgement on the counterfeiting character of a trademark, account must be taken not only of the “direct” confusability arising when purchasing the counterfeit product, but also of the subsequent confusability realized when actually using the goods. (so-called post sale confusion). This was reiterated by the Court of Milan, and more specifically by […]

Work: the Guarantor puts a halt to Poste’s queue management system

Work: the Guarantor puts a halt to Poste’s queue management system The system adopted by post offices to manage the queue at counters can no longer be used as, in fact, it can also allow for the pervasive and constant monitoring of employees. This is the decision taken by the Privacy Guarantor at the outcome […]

Cloud computing of works protected by copyright. The European Court of Justice rules on the limits of private copying exception

Cloud-based videorecording of works protected by copyright must be authorised by the owners of the right to the works. This was established by the European Court of Justice through a long-awaited ruling published on 29 November 2017 (Case C-265716) on cloud computing, considered as the provision, through the Internet, of a shared and configurable pool […]

The concept of “prototype” and ensuing rights

Copyright law regulates the relationships between the copy of a work and its reproductions through an article, namely art. 109 of Italian Copyright Law (in brief, LA), that deals with two separate cases and provides that: « Unless differently agreed, the transfer of one or more copies of a work does not entail the conveyance […]

  • Elsewhere