PGA Intellectual Property Newsletter – 01/06/2020

PGA Intellectual Property Newsletter – 01/06/2020

by PGA
Vespa design wins again at EUIPO

In 2019 the Court of Appeal of Turin had ruled that the unmistakable design of Vespa is protectable both in terms of the three-dimensional trademark and in terms of copyright. The European Union Intellectual Property Office (EUIPO) has recently returned to the topic. The cancellation division has in fact declared the design registered by a person of Chinese nationality null and void. The story began at the famous EICMA 2019 exhibition in Milan. At that event, the competitor had started promoting vespa-like motorcycles, which had been promptly removed by the competent authorities of the exhibition centre on Piaggio’s initiative.

Kiko v. Wycon: copyright and interior design

The Italian Supreme Court of Cassation, with judgement no. 8433 of 30.04.2020 issued between Wycon S.p.a., formerly Wjcon S.r.l. (“WYCON”) and Kiko S.p.A. (“KIKO”) has ruled that a project or a work of interior designis protectable, under certain circumstances, also as a work of architecture within the meaning of Article 2, no. 5 l.a.

Incredible result for the “Disegni +4” incentives: sold out only a few minutes after opening

From 9.00 a.m. on 27 May 2020, it has been possible to apply for access to the Designs +4 measure, a recognized incentive to support SMEs for the purchase of specialized services aimed at the enhancement of designs. However, the applications submitted for access to the facility were numerous until the allocated resources were exhausted in a few minutes. In a very short time, a sufficient number of applications were sent to Unioncamere, via the portal, to exhaust the total funding allocated of €13 million.

Common Practice CP8: when a trademark is used in a different form from the registered one?

EUIPO has adopted the CP8 common practice on the use of the trademark in a form other than the registered one. The CP8 project is part of the European Cooperation Projects under the name ECP4. The purpose is to establish common criteria and principles for assessing whether or not changes in the trademark used lead to an alteration of the distinctive character of the registered sign.