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02 February 2018
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Industrial and intellectual property, industrial design, works of the figurative arts and industrial design, industrial production, unfair competition for appropriation of the merits and work of others, parasitic competition, unjustified enrichment, compensation for damages, Court of Cassation, I Civ. Sec., Judgment n. 658 of 12/01/2018

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Orientation of the jurisprudence of legitimacy in the matter of industrial design, affirmed, however, in the period following the ruling of the contested judgment, according to which the artistic value of the work consists not in the diversity of the same compared to other pre-existing ones, which relates more to the profile of creativity, but in a quid pluris, whose proof belongs to the part that invokes its protection, and which can be derived from a series of parameters, not all necessarily co-present in concrete, such as the creation by a well-known artist, the recognition of subsistence of aesthetic and...

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29 January 2018
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Criminal law, False, half-crime, crime-end, self-certification, Court of Cassation, V Crim. Section, Judgment n. 2064 of 18/01/2018

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Essential lines of the arguments of the Supreme Court of Cassation Appeal against the order of 11/07/2017 of the LIBERTA LIBERTA di RIETI BELIEVED IN FACT 1. By order of 11 / 7-2 / 8/2017 the Court of the Rieti Review has confirmed the preventive seizure of the licenses n ...

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29 January 2018
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Criminal law, Industrial property, works of industrial design, industrial products, informed user, Court of Cassation, III Criminal Section, Judgment n. 2402 of 22/01/2018

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Essential lines of the arguments of the Supreme Court of Cassation Appeal against the sentence of the Court of Appeal of LECCE, Sec. Dist. TARANTO on 21/11/2016. The following principle of law must be affirmed: "The crime of manufacture and trade of goods made by usurping industrial property rights is also integrated in the case of industrial design works intended for serial production, which are protected under the art. 2, n. 10, of the law n. 633 of 1941, where the normatively indicated conditions occur, given the creative character and the artistic content of the work (This case concerns the question of...

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27 January 2018
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Criminal law, c.d. Voluntary disclosure, criminal preventive seizure, Court of Cassation, III Criminal Section, Judgment n. 272 of 09/01/2018

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Essential lines of the arguments of the Supreme Court of Cassation Appeal against the order of the Court of Rome review on 26/05/2017. 1. By order dated 26.05.2017, filed on 29.05.2017, the Rome Review Court rejected the precautionary appeal presented in the interest of the suspects ...

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26 January 2018
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Italian-Arab companies, the 22 countries belonging to the League of Arab States, a market that exceeds 400 million inhabitants, common strategies, a Memorandum of Understanding between the Puglia Region and the Italian-Arab Cooperation Chamber, and exports in 2017 over 106, 5 million euros

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In Puglia, the international stock exchange of Italian-Arab companies "Strategic Opportunity. We will strengthen economic relations and dialogue " The Puglia Region explores the opportunities offered by the Arab countries and signs for the first time in Italy a memorandum of understanding with the Italian-Arab Chamber of Cooperation, the association that promotes relations between Italy and the 22 member states of the League of Arab States, a market that exceeds 400 million inhabitants. At the center of the agreement a collaborative path to develop common strategies that include projects, search for funding channels, networks and commercial partnerships to carry out joint actions...

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25 January 2018
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M & A, with the merger between Fs and Anas, a group of 11 billion euros is born

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Fs-Anas: as a group of 11 billion can change the Italian mobility (and not only). After the approval of the Antitrust Authority, the absorption operation of the motorway group in the Ferrovie dello Stato starts, which will also lead to 8 billion investments. And it will only be a part of the 108 billion expenditure foreseen in the 2017-2026 Business Plan. The MEF will confer its Anas shares in the share capital of Fs, 100% held by public hands. The value of the shares transferred by Anas is € 2.863 billion and thus brings the share capital of Fs to € 39.2 billion. Fs-Anas:...

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25 January 2018
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SME and Financial, European definition of SMEs, AIM Italia market, New incentives for listing

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The Budget Law 2018 makes 80 million euros available in 3 years New tax incentives for the listing of small and medium enterprises in the Budget Law 2018. The Comma 89 of Article 1 of the Law of 27 December 2017, no. 205 provides that SMEs that "start a procedure for admission to listing on a regulated market or in multilateral trading systems of a Member State of the European Union or the European Economic Area is recognized, in the case of obtaining admission to listing , a tax credit, up to a maximum amount of 500,000 euros, of 50 percent...

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25 January 2018
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Corporate and Financial, Companies with listed shares, the new Consob thresholds for significant holdings

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The community legislation imposes the obligation to communicate to the market the shareholdings considered "significant" held in companies with listed shares. A "significant participation" is defined as the holding by a single entity of a set of shares or quotas representing a company that exceeds certain predetermined thresholds, acquiring the relevant significance. In this case, to protect the transparency and information of the market, the owner of the participation takes the obligation to make known his position taken within the company. Article 120 of the Consolidated Law on Finance (TUF) and the related implementation rules of Consob impose the obligation of disclosure to...

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