IP Law Galli

The case considers the interplay between copyright protection of industrial design works and protection of the shape of the corresponding product as a trademark The Italian Supreme Court held that, since the appeal court had ascertained that the Vespa was a creation with artistic value, this called into question its protection as a trademark On […]

A key provision is found in Article 22 of the law, which concerns the registration of trademarks by places of culture Places of culture are allowed to monetise their renown The law also gives specific powers to the Ministry of Enterprise to prevent the reputational value of brands that are nolonger used from being lost […]

2023 and intellectual property: a year of legislative and jurisprudential innovations that see Italy always poised between strengthening protection tools, favoring innovation, new uncertainties and steps backwards on the road to progress. In many ways, 2023 has been a year of great change for intellectual property protection in Italy. There was not only the entry […]

Legal framework Contrary to common belief, the Italian legislative instruments against IP infringement are quite effective. In 2003 specialised IP divisions were set up in 12 existing courts, later increased to 21. Since 2014 cases involving foreign companies have been concentrated in nine of these courts (Milan, Turin, Venice, Genoa, Rome, Naples, Bari, Cagliari and […]

Wine tourism and co-branding Introduction 1. Wine tourism is not only a way to re-appropriate and rediscover an important part of the culture of our peoples, both material and immaterial, an important component of the cultural tourism that, today more than ever, in the face of the challenges of climate change, must be protected and […]

Il 1° giugno 2023 sono diventati operativi il Brevetto Europeo ad effetti unitari (meglio noto come Brevetto Unitario) e il Tribunale Unificato dei Brevetti: un brevetto che copre in modo indivisibile il territorio dei Paesi aderenti e una Corte multinazionale competente a conoscere di tutte le cause in materia di brevetti europei, tradizionali e unitari, […]

The assignment to Milan of a “real” headquarters of the Unified Patent Court, therefore with the competences that London already had on all pharmaceutical patents and Life science would be much more than bringing a Community institution to Italy: it would be an important piece of a realistic project to relaunch and redevelop the European economy […]

The assembled experts of the Indicam association protest. The jurist Cesare Galli: «The lawsuits on less relevant patents on medicines will go to Milan; not even all of them, because if they are classified as chemists, which happens half the time, they will go to Monaco» | Patent Court: Paris and Munich leave, but Milan is not out […]

Now or never: if the Government cares about the future of the Italian pharmaceutical industry (which produces 52% of the medicines sold in Europe) it must move now, bringing the “theft” of competences to the detriment of the headquarters of the Unified European Patent Court (UPC: Unified Patent Court) which will have to be assigned […]

In a new addition to our long-running series on physical marketplaces that reportedly engage in the trade of counterfeit goods,we head to Italy. Italy is home to some of the biggest luxury fashion brands in the world, including Fendi, Giorgio Armani, Gucci, Prada andVersace. However, it is also a prime destination for counterfeit goods. As […]

The Council of Ministers approved on 6 April a bill aimed at amending various provisions of the Industrial Property Code. The text will be examined by Parliament in the next few days (where it could already be approved by the Commission in the deliberative session, without the need for passages in the classroom that could make […]

Revision of Italian IP code: university patents return to universities and digitisation continues Introduction The Italian Council of Ministers has approved a draft law to amend several provisions of the Industrial Property Code (CPI). The text is expected to be heard by Parliament shortly, where it could be approved in the Commission in deliberative session […]

The bill revising the Industrial Property Code presents lights and shadows, including some critical fronts from a technical point of view that risk jeopardizing the achievement of the intended objectives Cesare Galli Lawyer and holder of the chair of industrial law at the University of Parma After the approval by the Council of Ministers on […]

Putin’s neo-Soviet policy against intellectual property is worrying Italian companies, but also those of other European countries and the United States, called to develop new strategies to defend their rights, both judicial and contractual. The analysis of the lawyer and professor Cesare Galli Even if in the face of the atrocities perpetrated by Putin ‘s army in […]

he Agreement on the Unified Patent Court officially enters into force, with Italy within the system. It is not a point of arrival: it is a point of departure. But for us it is still our duty to thank all those who have worked in these long years to achieve this result, hoping against all hope, responding […]

Artificial intelligence can contribute to a greater or lesser part of the process leading to a patent. However, it is always the man who poses the problem, provides the machine with the data and makes the decisive selection on the hypotheses provided. In any case, the new reality must be faced and regulated. See the full article […]

In the constitutional perspective of the best protection of the right to health. expropriations of use compulsory helicopters, they are not shortcuts, strategic alliances with companies are needed to increase license production Perhaps this is taken for granted, but the first food for thought that the COVID crisis offers us on the debated issue of! The […]

Internet and distinctive signs: opportunities, threats and the need for a strong European Union initiative Infringement via the Internet – as well as the sale through these channels of products whose marketing is reserved for regulated channels (such as drugs) – with extremely severe harmful implications both for the owners of the intellectual property rights […]

On 1st July 2019, Regulation no. 2019/933/EU entered into force, amending the rules governing SPC, so allowing the production of active ingredients still covered by a SPC for exporting to countries where patent or complementary protection does not exist or has already expired and (more limitedly) for their storage with a view to commercialize them […]

At the meeting of the Unified Patent Court’s Preparatory Committee held on 10 September last, convened by videoconference to discuss, among other things, the effects of the United Kingdom’s withdrawal of ratification of the Court’s founding Agreement, Italy announced its intention to present the candidature of Milan as the new branch of the UPC headquarters […]

The Growing Relevance of Post-Published Evidence in Life Science Patents Increasingly often in pharmaceutical and life science patent litigations in Europe there arises the problem of post-published evidence. This stems from multiple factors, starting with the complexity and duration of efficacy tests, often of a clinical nature, so that waiting for the outcome could fatally […]

In order to start building the future of our economies now, which awaits us after the end of the Covid-19 emergency, we must take four main factors into account. First: globalization cannot be questioned, given that it is impossible to give up to one of the main outcome of it, a tool such as the […]

Introduction: Italian newspapers recently reported that in the Province of Brescia (an area in Lombardy badly affected by COVID-19), valves for respirators used in hospitals in emergency COVID-19 therapy have been replicated locally with a 3D printer (the original valves are reproduced and patent protected) to cope with valve shortages and the impossibility of receiving […]

Importance of IP for sustainable growth Intellectual property has always been a key factor in economic development and sustainable growth, which must be based on the free market. In fact, only the free market – of which intellectual property is one of the cornerstones – has demonstrated its ability to ensure, through a clear  definition […]

Introduction: If anyone still doubts whether IP rights are assets of decisive importance for business, it would be enough for them to read the trade agreement between the United States and China of 15 January 2020. The agreement’s first articles address the protection of IP rights and the regulations that China will assume for the […]