Latest updates
IP protection for lighting management systems
IP Law Galli- Intellectual Property
- Italy
- May 28 2018
Lighting management systems represent both technical and legal challenges. Before disclosing a new creation, the relevant parties must assess the IP protection that is available and act accordingly. Companies that produce patentable inventions are advised to consult experts who can evaluate the best strategies to ensure that their innovation exploits its competitive advantage without being open to immediate and legitimate imitation by competitors.
Pro rata rule and apportionment of salvage reward between co-salvors
Dardani Studio Legale- Shipping & Transport
- Italy
- May 23 2018
A recent decision of the Genoa Court of Appeal dealt with two interesting issues arising under the London International Convention on Salvage 1989: whether, for the purposes of fixing a salvage reward, the judge should consider not only the value of the salved vessel, but also that of the cargo on board; and the apportionment of a salvage reward between co-salvors where only one salvor brought proceedings for its remuneration.
How to manage risks in photovoltaic plant acquisitions
Norton Rose Fulbright Studio Legale- Energy & Natural Resources
- Italy
- May 21 2018
Even after the retrospective cut in renewable energy incentives in Italy, the acquisition of operating solar photovoltaic (PV) plants under the right conditions still provides strong financial returns to investors. Nonetheless, irrespective of a project's financing structure or size, there are risks associated with such transactions which buyers should be aware of during the due diligence process.
International arbitration clauses and jurisdictional preventive regulation
Mariconda e Associati Studio Legale- Arbitration & ADR
- Italy
- May 17 2018
The United Sections of the Court of Cassation recently addressed the matter of jurisdictional preventive regulations and seized the opportunity to reaffirm the jurisdictional nature of arbitration proceedings. The court affirmed the principle according to which an international arbitration clause can invalidate the jurisdiction of the ordinary Italian courts regarding a notice of objection against a preliminary injunction.
Supreme Court upholds first class action relating to medical devices
Hogan Lovells Studio Legale- Healthcare & Life Sciences
- Italy
- May 16 2018
After seven years, the Supreme Court finally ended the first product-related class action promoted in Italy relating to a medical device. The decision is noteworthy, despite the small sum awarded, because very few class actions have been declared admissible to date and even fewer cases have been upheld on the merits due to strict admissibility requirements.
When necessity is the mother of invention: new insolvency proceedings for consumers
Lombardi Segni e Associati- Insolvency & Restructuring
- Italy
- May 11 2018
The new civil insolvency proceedings look set to become increasingly important, especially considering their application to the large number of microenterprises and business entities which operate below the thresholds set out in Article 1 of the Bankruptcy Law. The new deed arrangement is a confirmation that the legislature has understood (at last) the economic importance of microenterprises in Italy and the need to regulate their financial difficulties, the impact of which could no longer be ignored.
Employees can be dismissed if job is eliminated in company reorganisation
Stanchi Studio Legale- Employment & Benefits
- Italy
- May 09 2018
The Supreme Court recently found that in the case of a dismissal of an executive due to cost reductions, the main requirement is that the company's reorganisation process must be genuine. Employers are not required to prove that they are in economic difficulty. Rather, it is enough for them to demonstrate that the employee's job will no longer exist due to organisational changes.
Budget Law 2018 – new regime applicable to tax on blacklisted source dividends
Studio Legale Tributario Biscozzi Nobili- Corporate Tax
- Italy
- May 04 2018
The Budget Law 2018 introduced, among other things, amendments to the tax regime concerning dividends from non-resident companies located in low-tax jurisdictions (ie, blacklisted companies). 'Blacklisted companies' are entities resident or located in jurisdictions other than EU or European Economic Area member states, whose ordinary or special tax regime grants a nominal tax rate that is 50% lower than the Italian one.
Moral compass – case law on trademarks deemed contrary to public order
IP Law Galli- Intellectual Property
- Italy
- April 30 2018
Italian case law on trademarks deemed contrary to public order and accepted principles of morality is fully consistent with EU case law. Two rulings by the Specialised IP Division of the Court of Milan are of particular note in this regard. It is clear that, for both the Italian case law and scholars, the criterion of public perception must be applied in the same way in order to assess the validity of a mark and verify whether other signs interfere with it.
Remuneration policies in banking sector: public consultation on recommended changes
Legance Avvocati Associati- Banking
- Italy
- April 20 2018
The Bank of Italy recently commenced a public consultation on the proposed amendments to Regulation 285/2013 on remuneration policies in the banking sector, the main aim of which is to align the regulation with the European Banking Authority Guidelines of December 2015 and ensure compliance with Articles 74(3) and 75(2) of the EU Capital Requirements Directive. The consultation will end on May 14 2018.
Growing weight of regulation on contents of insurance contracts
DLA Piper Studio Legale Tributario Associato- Insurance
- Italy
- April 17 2018
In recent years, the attention that IVASS (the Italian insurance regulator) and the EU authorities have paid to the protection and needs of insureds has increased and been translated into market letters (among other initiatives). These market letters aim to encourage insureds to intervene in contracts through the introduction of protective measures or eliminate potentially punitive restrictions, thereby limiting contractual autonomy in various areas.
Company disputes: arbitration or judicial proceedings?
Mariconda e Associati Studio Legale- Arbitration & ADR
- Italy
- March 29 2018
The Court of Cassation recently ruled on the conferment of a company dispute to the jurisdiction of an arbitral tribunal based on the arbitration clause contained in the company's articles of association. The tribunal had accepted the exception raised by the counterparties concerning its lack of jurisdiction, but the claimant appealed this decision before the Court of Cassation.
Better late than never: long-awaited reforms to Nautical Code introduced
Dardani Studio Legale- Shipping & Transport
- Italy
- March 14 2018
One of the final pieces of legislation that the government enacted before the March 2018 general election was the eagerly awaited reform of the so-called 'Nautical Code'. The changes include a new definition of 'superyachts', the introduction of an electronic registration system for yachts and superyachts, a streamlined cancellation procedure for the Italian yacht registry and restrictions to the occasional chartering regime.
Italy ready to implement EU Directive on Trade Secrets
IP Law Galli- Intellectual Property
- Italy
- March 12 2018
The government recently submitted to Parliament the text of a draft legislative decree to implement the EU Directive on Trade Secrets. The main changes proposed include the alignment of domestic rules on trade secrets with international standards; the prohibition of trade in goods whose design, features, function, production or marketing significantly benefit from unlawfully obtained trade secrets; and the introduction of a regulation to protect the confidentiality of trade secrets in the course of judicial proceedings.
Supreme Court decision on use of cameras in workplace and protection of employee dignity and privacy
Stanchi Studio Legale- Employment & Benefits
- Italy
- February 28 2018
The Supreme Court recently stated that an employer that installs a camera in its workplace to monitor an employee's activity can be found guilty of a crime under Decree-Law 196/03, even if the camera was installed to protect goods and property. The court found that the dignity and privacy of the employee in question were more worthy of protection than the economic value of corporate goods and property and that reforms in this regard introduced by the Jobs Act were inapplicable.
New tax rules for dividends and capital gains realised by non-business individuals
Studio Legale Tributario Biscozzi Nobili- Corporate Tax
- Italy
- February 23 2018
The recently approved Budget Law has harmonised the taxation of dividends and capital gains earned by non-business individuals on substantial and non-substantial participation held in Italian and foreign companies, among other things. Companies and partnerships will be unaffected by these changes, as the distinction between substantial and non-substantial participation is irrelevant.
New legislation surrounding medical malpractice
- Healthcare & Life Sciences
- Italy
- February 21 2018
In addition to setting out the legal scope for the safety of medical treatments and patients, Law 24/2017 provides the scope for imposing an effective risk management policy on healthcare personnel and prescribes risk allocation standards in the case of damages arising from medical treatments. It also provides for situations of impunity when these events occur despite the guidelines being followed.
New lease of life in Italy
Legance Avvocati Associati- Banking
- Italy
- February 02 2018
With the Competition Law's recent entry into force, the legislature has finally established a clear legal framework by defining the concept of a 'financial lease' and the consequences for banks (or leasing companies) and clients following a breach of contract. These provisions make financial leases a more transparent tool with the aim of boosting their appeal and increasing investment by Italian companies, thus fostering economic growth.
Is filing of new documents before Court of Appeal permitted?
- Litigation
- Italy
- January 30 2018
The Supreme Court of Cassation recently stated that following the legislative amendment introduced by Law 134/2012, the amended Article 345(3) of the Code of Civil Procedure forbids the filing of new documents during appeal. This is regardless of whether the documents appear to be essential, except for when the party proves the impossibility of filing them before the court of first instance for reasons beyond its control.
IVASS recommends cybersecurity measures for insurance intermediaries
DLA Piper Studio Legale Tributario Associato- Insurance
- Italy
- January 23 2018
IVASS, the Italian insurance regulator, recently provided details of an investigation into (re)insurance intermediaries' general understanding of cybersecurity-related issues and the remedies that they have implemented to protect their businesses and clients against the adverse effects of possible cyberattacks. IVASS will conduct another survey in 2019 to check that insurance intermediaries have complied with the proposed measures.
