Copyright Directive: green light from the Italian CdM to the transposition legislative decree. The main changes of the reform  

After the expiration of the transposition deadline set for June 7, 2021 (with consequent start of the infringement procedure by the European Commission), on November 4th the Italian Council of Ministers approved definitely the legislative decree that transposes the 2019/790 EU Directive on copyright and related rights in the digital single market (the so-called Copyright […]

Legal protection of the software: the decompilation of the software is legitimate in case of errors

With a judgment of October 6, 2021, issued in case C13/20, the European Court of Justice clarified that the purchaser of a software has the right to decompile it in order to correct the errors that prevent its proper functioning. The case concerned a controversy promoted against the Belgian State by T.S SA, the company […]

The Italian Supreme Court return to rule on the notorious trademark

The Italian Supreme Court of Cassation, with the recent judgment no. 27217/2021, decided on the merits of the notorious trademark, by accepting the appeal of the fashion house G.G. that was requesting the declaration of invalidity of the registration of two trademarks owned by a Chinese citizen, due to lack of novelty. In particular, the Italian […]

The Italian Supreme Court on the legitimacy of the transfer of economical rights of a work without the co-owner consent

With order no 23498 of August 26, 2021, the Italian Supreme Court decided on the admissibility of the transfer of economical exploitation rights of cinematographic works without the co-owner consent. In the case under exam, R., co-owner of rights on some cinematographic works with C., took C. to the Court of Rome for having concluded […]