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The “fast track” procedure for filing the trademark application online

It’s possible to file a trademark application on the specific online portal (https://servizionline.uibm.gov.it/)   through a new rapid procedure called "fast track", since February 2019. The new procedure doesn’t replace the traditional method but has two advantages: greatly reduced timing and reduction of possible errors in the tra...

It is legitimate that the employer fires with just cause an employee revealing business secrets to competing companies through Facebook.

The Court of Bari, with sentence no. 2636, of 10 June 2019, stated to be legitimate the dismissal with just cause of an employee, based on the fact that he, by improperly installing the Facebook chat on the company smartphone, as well as using it to enter into private conversations during working hours, revealed confidential information to competing companies. These circumstances, accor...

“Pure” unfair competition and “interfering” unfair competition: the opinion of the Court of Cassation

With order no. 17161 of June 26, the Court of Cassation, Civil Sect. n. VI, stated about the difference, already developed by the jurisprudence, between “pure” unfair competition and “interfering” unfair competition. In particular, the offense is considered to be “pure” unfair competition, when the verification of the infringement of the law doesn’t inter...

Manslaughter and serious injuries in violation of the rules on the protection of health and safety at work: the responsibility of the company

With a decision concerning a company that did not carry out any training course for its workers, the Court of Cassation (section IV, 19 March 2019, no. 15335) has stated that, with reference to the liability of the company for negligence, the existence of an interest or advantage of the institution must be ascertained in relation to the culpable conduct and not instead to the event that occurre...

Telemarketing: from The Data Protection Authority a "conditional yes" to the reform

In his latest newsletter (no. 453 of 30 May 2019) the Italian Data Protection Authority announced his "conditional yes" to the regulation of the Ministry of Economic Development concerning new rules about the Public Register of Oppositions (PRO). Users who do not intend to receive promotional offers, either on the landline phone or on the mobile phone, or through paper mail, can sign within the...

The civic instance for accessing public procurement documents is guaranteed to everyone, including third parties

With sentence no. 3780 of June 5, the Italian “Consiglio di Stato”, Sect. no. III, stated on the civic instance for accessing public procurement documents. The “Consiglio di Stato” stated that the civic instance for accessing public procurement documents is guaranteed to everyone, including third parties, within the limits expressly provided as per article 53 of Italia...

Law Decree n.32/2019 converted into law (Act n.55/2019): the repeal of the super-special public procurement procedure is confirmed

The Law Decree 18th April 2019, no. 32, that amended Art. 120 of Legislative Decree 104/2010 by repealing the “super-accelerated” public procurement procedure is converted into Law. The appeal against admission and exclusion measures from tendering procedures is postponed to the final awarding phase: no longer within 30 days from the notification of the exclusion/admission. Furtherm...

Telemarketing: The Data Protection Authority sanctions a company for over 2 million euros

In its latest newsletter (no. 453 of 30 May 2019) the Data Protection Authority announced that it had imposed a penalty of over 2 million euros on a company that had carried out, through a foreign call center, telemarketing and teleselling activities on behalf of a company operating in the energy industry, in brach of the provisions on the protection of personal data in force before the Europea...

Data breach: communications to interested parties must not be generic

In its latest newsletter (no. 453 of 30 May 2019) the Italian Privacy Guarantor has stated that data breach communications should not be generic and should provide precise guidance on how to protect yourself against illegal uses of own data, first of all identity theft. The information must therefore enable people to understand the risks to which their data are exposed and the most appr...

The shareholder cannot always take legal action against company administrator

With sentence no. 14778 of May 30, the Court of Cassation, Civil Sect. n. III, has stated that company shareholders cannot always take legal action against company administrator if the damage is not personal and if is not a direct and immediate consequence of the illegal conduct of the administrator, as provided dor in the Article. 2395 of the civil code. In this case the damages are in...

The harmful marketing of branded products

The Court of Milan, specialized business section, stated, with ruling dated 6 May 2019, that if products protected by the trademark are marketed in a “demeaning” manner, it is possible for the trademark owner to prevent their distribution. in the present case, in fact, despite the products sold were original, sales methods were detrimental to the appellant's trademark rights, theref...

Third party claims are prededucibile even with a waiver of the arrangement with creditors

With sentence no. 14713 of May 29, the Court of Cassation, Civil Sect. n. I, has stated that third party claims are prededucibile, in bankruptcy and compulsory winding-up, even with a waiver of the arrangement with creditors. This only if the credits derive from legitimate acts of the entrepreneur, after submitting a blank arrangement application. In fact, the Law states that the requir...