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Editorial

Press releases and law firm thought leadership

This page is dedicated to keeping readers informed of the latest news and thought leadership articles from law firms across the globe.

If your firm wishes to publish press releases or articles, please contact Shehab Khurshid on +44 (0) 207 396 5689 or shehab.khurshid@legalease.co.uk

 

“AGCOM” AND POSTAL SERVICES

One of the issues that Studio Legale Villata, Degli Esposti, Perfetti e Associati has been dealing with recently is the involvement of the regulatory authority AGCOM (Italian Communications Authority) in the postal sector.

Former AGCOM chief on online distribution of creative content

In recent months Corrado Calabrò, formerly the chairman of the Communications Authority (AGCOM), took part -­‐ during his mandate at AGCOM -­‐ in parliamentary hearings(1) in order to clarify AGCOM's position on certain aspects of a draft regulation(2) which is intended to ensure protection of copyright on electronic communication networks.

Active or passive? Court of Rome rules on role and liability of ISPs

By Ernesto Apa e Federica De Santis

On October 20 2011 the Court of Rome issued a decision that will contribute significantly to the ongoing debate - both in Italy and the rest of Europe - on the role and liability of internet service providers (ISPs).

European Court of Justice on online sales in the context of a selective distribution network

By Antonella Barbieri and Federica De Santis

On October 13 2011 the European Court of Justice (ECJ) ruled on restrictions on online sales, clarifying that selective distribution agreements imposing a general and absolute ban on the sale of cosmetics and personal care products by selected (authorised) distributors to end-users via the internet might result in contrast with EU competition rules. 

Use of registered trademarks in domain names - when and how to obtain seizure

By Antonella Barbieri and Marco Bellezza

An Italian court has recently held that if a website wrongfully uses a registered trademark in its domain name, and if a court order is sought to require an Italian internet service provider (ISP) to block access to the website, such an order cannot be granted unless the applicant produces evidence of the website’s illicit content or purpose. In order to block access to a website that offers counterfeit goods, a trademark holder must produce adequate evidence of the illicit activity carried out through the website. 

Cooperation in the Field of IPR Enforcement

Memorandum of Understanding on the Sale of Counterfeit Goods over the Internet

By Federica De Santis

On May 4 2011, in a ceremony hosted by the European Commission, a representative group of leading rights holders and internet platforms signed a Memorandum of Understanding (MoU) on the Sale of Counterfeit Goods over the Internet.

Avoiding conflicts between due diligence and privacy

By Manuela Cavallo and Giuseppe Battaglia

The impact of data protection law on due diligence is an increasingly important aspect of M&A transactions. Italian law has no specific provisions on data protection in due diligence; nor has the Data Protection Authority issued administrative provisions on the subject. Nevertheless, parties to mergers and acquisitions must think carefully about the data protection aspects of their deal.

Yahoo! Italia liable for film copyright infringement

By Antonella Barbieri and Federica De Santis

Summary
The debate about copyright protection on the Internet has taken a new turn. The Court of Rome recently found that search engine Yahoo! Italia bore contributory liability for infringement of copyright in the awardwinning Iranian film About Elly by illicit websites, which allowed the streaming or downloading and peer-to-peer sharing of the film without the consent of the film's distributor, PFA Films Srl.

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