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  • In March 2004, a hearing took place at the European Court of Justice (ECJ) concerning database right and interpretation of the database directive. Questions had been referred by the national courts of the UK, Finland, Greece and Sweden with wide-ranging implications for the protection of European databases.
  • When requesting a preliminary injunction, according to Article 199 bis 1 of the Mexican Law of Industrial Property, it is necessary to post a sufficient bond to warrant the possible damage that may be caused to the alleged transgressor. To ensure the quick and effective implementation of injunctions, some tips that must be considered when posting the bond are:
  • Neither usual product shapes nor shapes imposed by the function of the product may be registered as trade marks because they lack distinctiveness. This was the ruling of the Andean Court of Justice in a nullity action filed by Nintendo of America, domiciled in Washington, against the Superintendency of Industry and Commerce of Colombia, which had refused the registration as a trade mark of a device commonly known as Nintendo in international class 9.
  • Italy is a hotbed for piracy and counterfeiting. Francesco Terrano and Donatella Prandin of Bugnion examine the options available to IP owners to avoid damaging losses from infringements
  • Italy is seen as a hotbed for IP infringements and one of the slowest jurisdictions for court proceedings. But not for much longer, say Micaela Modiano and Andrea Damonti of Modiano, after recent changes to Italian IP rules introduced a more efficient enforcement system
  • Recent changes to Italy's copyright laws have led to confusion about the scope of copyright enforcement. Stefano Modenesi and Giacomo Parmigiani of DLA look at available laws and examine their differences
  • Gabriel Cuonzo of Trevisan & Cuonzo examines how Italy's litigation landscape has changed after the death of the Italian torpedo and how legal changes could revamp the country's image on the European litigation scene
  • Italy's biotech sector is on the rise. Massimiliano Mostardini and Claudia Ricciardi of Bird & Bird provide an in-depth overview of Italian rules on biotech patents and employee inventions
  • A new IP code is being introduced in Italy. Luciano Bosotti and Giancarlo Notaro of Buzzi Notaro & Antonielli d'Oulx provide an in-depth look at Italy's existing patent prosecution system, how it compares with the EPC and how inventors can best benefit from it
  • The growth of counterfeiting, especially of pharmaceuticals, has raised the prospect of legitimate manufacturers becoming liable for damage caused by counterfeit products. Nick Beckett examines the lessons arising from such disputes in the US