The Italian DPA starts an Investigation on the distribution of the video of a sexual assault

With a press release of August 22nd 2022, the Italian Data Protection Authority (DPA) announced the start of an investigation regarding the distribution of a video related to a sexual assault which happened in Piacenza on August 21st 2022. The video of the very serious episode, immediately acquired by the investigators, allowed to identify the […]

The source codes of a graphic work can be transferred only with an express agreement

The issue objected of the examination of the Italian Supreme Court of Cassation focuses on who is the owner of a work created on a commission basis. Even though this is a well-known topic, it does not find in the case-law of merit a peaceful agreeable solution. Before appealing to the Court of Cassation, the […]

Services provided in the USA and use of a trademark in Europe: a possible match

With judgment of July 13th 2022, given in the case T-758/20, the General Court of the European Union ruled again on the effective and genuine use of an European trademark. The issue involves, in particular, the application for revocation presented against a trademark registered at EUIPO, then integrally granted by the Invalidity Division and confirmed […]

The qualification as author of an intellectual work in the “conceptual art” era: the idea prevails on the execution.

The case Maurizio Cattelan vs Daniel Druet puts at the center of the controversy between the two artists the ownership of the intellectual work made on commission. On July 8th 2022, the Court of Paris rejected, for a procedural technicality, the request of Daniel Druet, a French sculptor of wax works, to be declared the […]