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Criminal Law, Consortium of Companies and Confiscation, Court of Cassation, II Criminal Section, Judgment n. 8452 of 26/02-04/03/2019

The Second Section stated that it supplements the crime pursuant to art. 12-quinquies of the decree-law 8 June 1992, n. 306, conv. with modification by the law of 7 August 1992, n. 356, the conduct of those who, in order to evade prevention confiscation measures concerning fictitious companies registered to third parties but related to them, constitute a consortium between the aforementioned and, through this, through nominees, conclude with the Agency responsible for the administration of confiscated property, making it a mistake, sub-lease and contract contracts having the effect of transferring the activities of the aforementioned companies to the consortium. Source...

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Financial, Stock Exchange, Issuers Regulation, Court of Cassation, Second Civ. Section, Judgment n. 8047 of 21/03/2019

Art. 191 TUF, art. 34 decies of the Issuers Regulation adopted with Consob resolution no. 11971/99 and subsequent amendments The obligations set by article 34 decies of the Consob Issuers' Regulations against the offeror, the issuer and the placement manager who, prior to the publication of the prospectus, proceed with the dissemination of news, market research and collection of purchase intentions related to the offer to the public not only affect those subjects, but also all those they use to carry out these activities. Therefore, anyone who spreads news about a financial product offered to the public before the aforementioned prospectus is...

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Intellectual Property, Common Practice, Criteria for assessing disclosure of designs on the Internet

European Network of Brands and Designs and Models Consultation on CP10 - Criteria for assessing disclosure of designs on the Internet The CP10 project common practice project - "Criteria for assessing disclosure of designs on the Internet The CP10 working group, composed of representatives of EU intellectual property offices, user associations, the European Patent Office (EPO) and EUIPO, has made significant progress in developing common practice during group meetings. and a seminar held in December 2018. Best practices and skills were shared among the members of the working group to establish the common principles of the CP10 project. As a result, the first draft of...

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Litigation and Arbitration, International Relations, International Sale of Mobile Things, Court of Cassation, Section Un., Judgment n. 2840 of 31/01-15/02/2019

EC Reg. n. 1896 of 2006, EC Regulation n. 44 of 2001 Art. 2 of the EC Regulation n. 44 of 2001, applicability of the forum pursuant to art. 5, lett. b) of the same Regulation, as interpreted by Cass., Section Un., N. 21191 of 2009. Disputes arising mutually from the contract, including that relating to the payment of alienated assets Contestation of the jurisdiction of the adjudicated judge. Source Supreme Court of Cassation...

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Intellectual Property, Future of intellectual property in the EU

Conference on the future of intellectual property in the EU Over the two days covered topics related to IP challenges in the EU, including the issue of design protection in Europe, linking the protection systems of national and EU brands and geographical indications in the EU. Bucharest, 5 and 6 March 2019 Source EUIPO European Union Intellectual Property Office...

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Administrative Law, On the “reduction” of the administrative discretion (also technical), Council of State, VI, Judgment of 25.02.2019 n. 1321

Administrative discretion - Reduction - Effects - Consequence The administrative discretion (also technical) can be progressively "reduced" due to the effect: a) on the "substantial" level, of the self-constraints deriving from the unraveling of the administrative action, marked by the increasing use of secondary and tertiary sources that often pose themselves as rigid parameters to unify the exercise of the concrete administrative function (even if originally characterized in discretionary terms); b) on the "procedural" level of judicial mechanisms which, by urging the administration to carry out any evaluation remaining on the matter at issue, allow the investigation to be focused, through successive approximations,...

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Intellectual Property, Enhancing the visibility of intellectual property: EPO and LESI sign the MoU on bilateral cooperation

Winter Planning Meeting in Miami The European Patent Office (EPO) and the Licensing Executives Society International (LESI) have signed a memorandum of understanding on bilateral cooperation to help innovators make better use of the European patent system. The agreement was signed by the president of the EPO and the president of LESI at the recent Winter Planning Meeting at LESI in Miami, Florida. This enhanced cooperation will enable the EPO and LESI to extend the scope of joint activities for stakeholders in the innovation ecosystem, in particular small and medium-sized enterprises, industry representatives, technology transfer experts, publicly funded research organizations, IP consultants, innovation...

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Industrial and Intellectual Property, the Blockchain in the fight against counterfeiting

Industry Days The latest technology to maintain a reliable record of the origin of goods Using blockchain in the fight against counterfeiting - EUIPO he threw a Forum to support concrete solutions in that field The EUIPO has launched a new forum designed to encourage the development of cutting edge technological solutions to combat counterfeiting. The “Anti-Counterfeiting Blockathon Forum was unveiled by the Director General of DG Grow at a major Industry Days event held in Brussels. The Forum has gathered people and organisations to shape and deliver the future anti-counterfeiting infrastructure based on blockchain. The need for such a structured collaboration was clearly indicated during...

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Companies, Les Hénokiens, the Enochians

Historical and successful businesses, capable and long-lived An international association brings together family businesses with at least 200 years of history and in good financial health. Three requirements: 1) at least 200 years of history, 2) the family still at the reins, 3) healthy accounts Among the Italians, Beretta, Amarelli and Lanificio Conte The idea was of the French entrepreneur Gérard Glotin, managing director of the Marie Brizard company, who in 1981 thought of an association that would bring together the strengths and experiences of the longest-running family businesses. The name - Les Hénokiens, the Enochians - recalls the biblical figure of Enoch. The father of Methuselah and...

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Companies, Financial, Stock Exchange, Green Bond or “green bonds”

MOT and ExtraMOT markets Recently the European Commission has emphasized the potential and the functioning of the Green Bond market, presenting a package of measures entitled "Clean Energy for all Europeans", according to which from 2021 a supplement of 177 billion euros will be needed per year achieve the objectives identified for 2030 on climate and energy for which these new financing and investment mechanisms could play an essential role. The Green Bonds allow in fact to finance various types of projects with characteristics of environmental sustainability, such as water and waste treatment, initiatives related to pollution prevention and control, transport infrastructures,...

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