Archive

This section contains – in chronological order – posts from the last years.

Italian SRO sets rules for Influencer marketing.

The Italian SRO addresses influencer marketing by integrating its Code’s provisions on ‘transparency’ and by adopting a specific Regulation to govern such practice.


Through the new Regulation the Italian SRO has recognized both, the relevance of online marketing performed in a digital world as well as the rapid...

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Advertising

Industrial design and copyright protection – An update.

The CJEU steps in and things are likely to get tougher.


In a mid-September post, I have reported about a recent interim injunction issued by a Fist Instance Court in Bologna. While the ink of such post ‘...

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Intellectual property

IP protection for design models.

An Italian First Instance Court takes an interesting approach (when it comes to something ‘special’ such as the Ferrari 250 GTO).


An Italian Court affirms a truly interesting opinion by stating that a product originating from an industrial design (and specifically a car model)...

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Intellectual property

Italy - Image Rights in advertising or marketing campaigns.

Dos and Don’ts.


When conceiving and performing their promotional campaigns advertisers (and their agencies) frequently make use of pictures of famous people and un...

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Intellectual property

The right to be forgotten versus the right to freedom of press and information.

When does an individual’s right to privacy prevail over the right to inform the public and when it can be sacrificed?


Those two fundamental rights frequently find themselves on a clashing course. Achieving a correct balance between the right to privacy and the righ...

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Privacy

Hosting providers’ uncomfortable position.

When are their services at risk of performing ‘active hosting’?


In times where businesses shift more and more of their services to a digital environment, it results increasingly difficult to get hold of the bad...

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Advertising

Italy - Publicity, Image Rights and Freedom of Press.

Local case-law offers helpful indications on the use of an individual’s name or image.


IP disputes involving the unauthorized use of a famous persons image usually involve claims for damage compensation. However, determining the amou...

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Intellectual property

Street Art before an Italian Court.

Street Artist B… takes issue with an exhibition of his work organized by the Museum of Cultures in Milan.


A recent case pending before the IP Section of the First Instance Court in Milan shows that exhibition organizers need to be careful when they make...

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Intellectual property
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