Posted by Laura Ercoli on Thursday July 27th, 2023

SIBprima July 2023 – Revision of Italian IP Code – Trademark case law – Milan central division of UPC – EPO case law


ITALY – LEGISLATION UPDATE Law revising Italy’s Industrial Property Code definitively approved The draft law revising Italy’s Industrial Property Code has been definitively approved by parliament; changes of direct interest for IP right holders, and soon to become effective, concern geographical indications and denominations of origin, the possibility to defer the payment of the fee for filing a patent application, inventions resulting from university research and the enforcement of IP rights during trade shows. (more)
ITALY – TRADEMARK CASE LAW Italian Supreme Court upholds validity of shape mark for Tic Tac box A ruling of the Italian Supreme Court in a dispute concerning the shape mark covering the Tic Tac mints’ box confirms that trademark registration for packaging offers a valid defence against copycats and unfair competition. (more)
	ITALY – UNIFIED PATENT COURT UPC approves establishment of central division section in Milan infringement The Administrative committee of the Unified Patent Court is to proceed with the establishment of a section of the court’s central division in Milan. (more)
EUROPEAN PATENT OFFICE – CASE LAW Is a commercially available product always state of the art according to Article 54(2) EPC? In referral G1/23, the Enlarged Board of Appeal of the European Patent Office is expected to clarify under which conditions a product available on the market, and partial information about its composition, published before the filing or priority date of a European patent application, are state of the art within the meaning of Article 54(2) of the European Patent Convention, and particularly to what extent – if any – enablement plays a role. Contributed by S. Santoro and A. Antonucci (more)
	EUROPEAN UNION – DESIGNS Women in design: a new study by the EUIPO How many women work as designers in the European Union? How many of them are named in registered Community designs? And is there a gender pay gap in designer employment? A recent EUIPO report addresses these questions (more)
RECOGNITIONS IP Stars 2023 ranks SIB in Top tier for patent (and trademark) prosecution in Italy IP Stars 2023 has ranked us in Tier 1 for both patent and trademark prosecution in Italy. Year after year, we are grateful to our clients and colleagues for their constant support (more)