INTELLECTUAL PROPERTY

Intellectual and Industrial Property

IP assets development, management, and protection  represent a constant challenge for companies  therefore we are at your side in protecting and enhancing your intellectual property.

We take care of  contractual, extrajudicial, judicial and any other aspect  concerning industrial property rights.

Our approach is practical and concrete, aimed at making your IP assets a real instrument of competitiveness in the global market.

Our assistance also aims at  providing suitable tools to enable you to  decide  on how  to best safeguard your investments in R&D.

Our team is  made up of experienced and highly qualified professionals with a deep understanding of the most innovative technological sectors. This means not only protecting your rights but also understanding the dynamics of your sector and the challenges you face daily, so that  you can focus on developing your business.

Copyright and related rights

Our professionals have a solid experience in protecting copyright on a wide range of creative works. This includes not only traditional sectors such as publishing, cinematography , music, photography, architecture and visual arts but also software and rights related to new technologies.

Contractual matters

We assist our clients in every stage  of commercial agreements drafting, negotiation, and execution  with regard to the exploitation and development of IP rights:

  • Assignment, licensing and development agreements;
  • IT, software, and technology transfer agreements;
  • Agreements in advertising, marketing and promotional sector;
  • Distribution agreements.

IP Litigation and Unfair Competition

We  advise you in litigation in order to defend your IP rights, providing support before all judicial, administrative (UIBM and EUIPO) and independent authorities. Our expertise includes patents, utility models, trademarks, designs, copyright, as well as misleading and comparative advertising. We also represent clients before the Unified Patent Court (UPC).

Our extensive experience regards also  unfair competition, misappropriation of trade secrets, and transfer of employees.

Trade secrets and know-how

We assist companies in defining guidelines concerning know-how protection and trade secrets misappropriation cases.

Advertising Law

Our firm advises  clients in defining right away the advertising campaigns so that to minimize the potential risk of third-party rights violation. We also deal with advertising agreements by  drafting and negotiating .

Our professionals support clients in proceedings before the Italian Competition Authority concerning misleading advertising and before the Giurì dell’Autodisciplina Pubblicitaria (Advertising Self-Regulation Authority). Moreover, we offer assistance in judicial proceedings related to alleged unfair advertising practices.

Trademark Portfolio Management

Tonucci & Partners provides assistance in managing complex trademark portfolios, aiming to enhance your rights and protect your ideas through the following services:

  • Priority searches and registration opinions;
  • Filing, prosecution, and registration of Italian, European, international and foreign trademarks;
  • Trademark surveillance, oppositions and cancellation actions against third-party trademarks;
  • Management of trademark portfolio deadlines;
  • Domain name reallocation procedures;
  • Customs monitoring and anti-counterfeiting measures.

Due Diligence

We provide specific assistance in  acquisition context or sale of company shares or businesses by supporting the verification process of any critical issues related to IP rights.

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Monitoring bodies: accreditation requirements approved.

As a result of a complex process also involving the European Data Protection Board, the Italian Data Protection Authority has definitively approved the requirements for the accreditation of the Monitoring Bodies to which the Regulation EU 2016/679 confers the task of monitoring the compliance with the provisions of the codes of conduct drawn up by associations and other bodies representing categories of controllers or processors after the approval by the competent supervisory authority.

4 August 2020

Transfer of personal data to the US: a new beginning after the Privacy Shield?

With the judgment dated as of July 16, 2020, the Court of Justice of the European Union declared the invalidity of the decision of the Commission (EU) 2016/1250, establishing the so-called “Privacy Shield”, i.e. the mechanism, based on an official agreement between the Union and the United States of America, which until now has been regulating the overseas transfer of personal data of European citizens, deeming it as unsuitable to ensure an adequate level of protection for personal data.

24 July 2020

The Italian Data Protection Authority issued a 600.000 euro fine to UniCredit.

The Italian Data Protection Authority has heavily sanctioned a leading Italian credit institution in connection with a series of shortcomings in the implementation of minimum security measures discovered after a personal data breach suffered by the bank’s IT systems between 2016 and 2017 and subsequently notified to the authority.

17 July 2020

Norway: COVID-19 contact tracing app blocked by watchdog.

Just over two months after its implementation, the Norwegian Data Protection Authority temporarily suspended the processing operations carried out through the app developed and adopted at national level for the purpose of monitoring and containing the spread of the COVID-19 virus (the “coronavirus”), addressing them as disproportionate and unnecessary due to various shortcomings in relation to the protection of users’ privacy.

3 July 2020

How to defend ourselves from the risks of “digital infection” from ransomware.

With COVID emergency and the consequent lockdown, the number of people who use internet and digital devices has increased considerably. The number of cases of “digital infection”,  particularly from ransomware, has increased accordingly. The Italian Data Protection Authority has recently published an informative guide lines regarding preventive methods to be adopted.

26 June 2020
    • Tonucci & Partners