Haribo: the EUIPO on the distinctive character of the gummy bear

With decision of October 11, 2023, the EUIPO’s fourth board of appeal recognized the distinctiveness of the sign representing the Haribo gummy bear, annulling the previous decision of the examiner who, on the contrary, had considered it to be lacking of distinguishing features. The case On October 26, 2021 Rigo Trading S.A. (parent company of […]

Protection of a database: the Court of Rome clarifies the Requirements

By ruling no. 14697 of October 16th 2023, the Court of Rome clarified the requirements for the protection of a work as a database. The case A company and an expert chemist – in the course of a collaboration – started an educational project relating to cosmetics and detergents. In particular, on the company’s website, […]

Artificial Intelligence and health services

The European Union has recently considered appropriate to analyze the topic of personal data processing through artificial intelligence (AI). In particular, high-risk AI systems have been identified, with reference to the type of processed data and the high degree of threat to which the related rights and freedoms of the individual concerned are subjected. In […]

Italian DPA’s fines: the Supreme Court of Italy clarifies the highest limits

With decision of September 22nd 2023, no. 27189, the Italian Supreme Court of Cassation stated that quantifying the pecuniary administrative fine based on the average percentage applied in similar cases it’s a violation of the GDPR, which, on the contrary, imposes to quantify the amount of the fine based on the circumstances of the specific […]