News – Law Firm Mazza

12 December 2018

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Industrial and Intellectual Property, Patenting Blockchain, EPO, European Patent Office

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Hague 4 December 2018 Blockchain technology is applied to an ever increasing variety of technical fields. Many of the successful inventions are patentable. How does a patent application appear in this area and should other forms of IP protection also be considered? What implications will blockchain patents on society in the future? These are just some of the topics that the European Patent Office has dealt with in the one-day conference "Patenting blockchain", which brought together the stakeholders: companies, academics, judiciary, policymaking and patent offices for a series of conferences and tables round. Source European Patent Office...

03 December 2018

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Industrial and Intellectual Property, Trademarks, Common Practices, CP8 and CP9 Convergence Projects

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The project of common practices of the CP8 project (Use of a brand in a form other than the registered one) and project CP9 (Distinction of shape marks containing other elements when the form itself is not distinctive) have been published. The CP8 and CP9 working groups made significant progress in the development of common practices during a drafting seminar in June and the working group meetings in November. As a result, the first Common Practices drafts are now available for review and suggestions from all stakeholders. November 27, 2018 EUIPO European Union Intellectual Property Offic...

03 December 2018

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Industrial and Intellectual Property, Trademarks, Drawings and the fight against counterfeiting

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Italian Day, Naples, 04 December 2018 Initiative realized and funded within the framework of collaboration between the European Union Intellectual Property Office (EUIPO) and the Italian Patent and Trademark Office (UIBM) The aims of the meeting are to verify, in the field and through direct dialogue between people, the effective contribution that intellectual property offers to contemporary society and the innovations introduced by the reform of European law on the brands already operating for the EU Marks and soon to become national law with the adoption of the Second Trademark Harmonization Directive. Furthermore, a specific focus will be dedicated to the issue of...

01 December 2018

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Administrative Process, Decisions, Motivation, Cons. St., III section, Judgment of 27 November 2018 n. 6711

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The sentence of the court of first instance motivated in a perplexed manner and with dubious expressions must be annulled on appeal The Section has clarified that an unconvincing motivation by the judicial body is also a non-convincing reason, incapable of expressing, that is, sufficiently - and such as to stand in any case at the jurisdictional level of the judge of the second degree - the concise explanation of the factual and legal reasons that support the contested decision (Article 88, paragraph 2, letter d), cpa). The perplexing, dubitative motivation, expressed with amletic or hermetic formulas, can not satisfy that rigorous...

01 December 2018

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Banking and Companies, Special Assets, New Guidelines

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Mortgage Directive implemented in the Banking and Circular Law 285 of the Bank of Italy Adaptation to the latest European and international standards Updated guidelines for the valuation of properties guaranteeing credit exposures. News for hotels, shopping centers and agro-industries With a mortgage market exceeding € 376 billion in September 2018, up 2.3% over last year, the quality and efficiency of property valuations are key elements. In this way, the Guidelines for the valuation of properties guaranteeing credit exposures came to the third update in light of the further adaptation to the most recent European and international standards, in particular the Mortgage Directive implemented in...

19 November 2018

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Banking and Companies, 2019 Credit Agreement

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"Companies in Recovery 2.0" On 15 November 2018, the ABI and the Business Representation Associations signed a new Credit Agreement, which includes the following initiatives: the strengthening of the collaboration between the ABI and the Business Associations to carry out a joint action for the analysis and definition of shared positions on European and international regulatory and regulatory initiatives that impact on access to credit for businesses. In particular, it has constituted a specific interassociative sharing table on international regulation (CIRI); the introduction of some adjustments to the "Impresa in Ripresa" measure, related to the suspension and extension of loans to SMEs, envisaged by...

19 November 2018

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Financial, Esma renews bans on binary options since 2 January 2019

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On November 7th, the Board of Supervisors of ESMA, the European Securities and Markets Authority, renewed for a further quarter, from 2 January 2019, the bans on the marketing, distribution or sale of binary options to retail investors. The measures, in force since 2 July 2018, had already been the subject of an extension on 2 October last. 12/11/2018 Source Consob...

17 November 2018

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Corporate, Transformation of srl into a spa, Withdrawal of a shareholder, Judgment no. 28987 of 12/11/2018, First Supreme Court Court of Cassation

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Article 2473, paragraph 1, c.c. Applicable Discipline, Good Faith and Correctness as Supplemental Sources, Relevance In the hypothesis of transformation of a limited liability company into a joint-stock company, the regulation of the right of withdrawal applicable to shareholders is that dictated by art. 2473, paragraph 1, of the Italian Civil Code, which does not provide for terms of forfeiture; it follows that, if the deed of incorporation and the bylaws do not determine the methods and timing, the withdrawal must be exercised according to correctness and good faith, it is up to the judge to assess the circumstances of the specific...

17 November 2018

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Administrative, Town planning, Regulatory Plan, Variant, Observation of private individuals, Specific motivation, Tar Bari, section III, 09 November 2018 n. 1466

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Reason for rejection of the observations presented by the owner of an area engraved by urban variant There is no burden of detailed reasons for the rejection of the observations presented by the owner of an area affected by urban variant in the absence of situations (source of expectations or expectations in favor of subjects whose positions appear worthy of specific considerations) exceptionally impose to the proceeding Administration a more incisive and singular motivation of the general urban planning instruments (1). 1) He clarified the Section - recalling the jurisprudence of the Council of State (Section IV, 9 December 2010, No. 8682)...

05 November 2018

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Banking Law, current account contract with credit initiation, quarterly capitalization clause of compound interest, invalidity, action for repetition of overpayments, interim order no. 27680 of 30/10/2018, First Supreme Court Court of Cassation

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Prescription - Method of formulating the exception Significant contrast on how to formulate the limitation exception raised by the bank Articles 2938, 2697, 2727 c.c The first civil section has referred the acts to the First President for the possible assignment to the United Sections, for the purpose of the composition of a marked contrast on the formulation of the exception prescription raised by the bank when the account holder requests the return of sums unduly paid , and in particular if the limitation exception, to be validly proposed, should also contain the attachment of the single remittances having a solvent nature made...