EUIPO Board of Appeal decision R 0005/2024-3 addresses a significant issue in Community design law, clarifying the evidentiary requirements for proving that a design has been disclosed. The Case On October 26, 2018, a company filed a Community design application, which was later transferred to another company. On September 22, 2022, the latter filed a […]
Privacy and GDPR: Authorities Not Obliged to Impose Sanctions
The Court of Justice of the European Union (CJEU), in its judgment of 26 September 2024 in case C-768/21, ruled that data protection authorities are not obligated to impose administrative fines for every breach of the GDPR, the General Data Protection Regulation. This decision highlights the discretionary nature of the measures that supervisory authorities can adopt, […]
Historical Trademarks of National Interest: Measures to Prevent Their Extinction
On July 3, 2024, the Italian Ministry of Enterprise and Made in Italy issued a decree on historical trademarks of national interest in implementation of Article 7, paragraph 5 of Law No. 206/2023 on Made in Italy. Initially, it is important to highlight that “historical trademarks of national interest” refer to those marks “registered for at […]
Copyright of Online Photographs
With ruling no. 5635 of June 3, 2024, the Milan Court addressed the issue of the unauthorized reproduction of photographs taken from the internet and distributed to various news outlets without the indications required by Article 90 of the Copyright Law or the so-called “digital watermark”, the digital mark that identifies the author. The Court’s […]