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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EDPS: ok to mobile tracking with adequate safeguards.

In the midst of the emergency linked to the spread of the COVID-19 virus (known to most as “coronavirus”), the search for possible solutions for the containment of the pandemic has now taken on a supranational dimension, recording the first contributions from European institutions. The possibility of monitoring population movements through the analysis of data collected by mobile communication devices, in order to verify the effectiveness of the restrictive measures imposed and the identification of connections between movement trends and contagions, is undoubtedly one of the options on the table. The European Data Protection Supervisor (“EDPS”), consulted by the European Commission, has therefore identified some elements to be taken into account in the implementation of such solutions.

Covid-19 Emergency and online education: the instructions of the Data Protection Authority.

The Italian government with its Legislative decree of 8 March 2020, suspended all educational activities from kindergartens to universities for children/students and their teachers. In the same decree a provision for teaching methods at a distance was activated. As a result of the same, the Italian Data Protection Authority in answer to the questions/reports received from the schools’ DPO, teachers and families, regarding the processing a preliminary guide on how schools and universities should use such tools, guaranteeing the protection of the personal data of the students, their families and their teachers.

Coronavirus: new guidelines on containing the spread of the virus adopted

In light of the approval, of the “Shared Protocol for the regulation of measures to combat and contain the spread of the Covid-19 virus in the workplace” (the “Protocol”) on March 14, 2020, we deem necessary to update our previous newsletter having as object the relationship between the autonomous initiatives of employers in order to manage the emergency related to the spread of the COVID-19 virus (“Coronavirus”) and the legislation on the protection of personal data.

The Italian Data Protection Authority against ENI: multimillion-dollar fine

Following the emergency measures adopted by the Italian Government as a consequence of the recent spread of the COVID-19 virus (known to most as “coronavirus”) in Italy and the consequent state of agitation among the public, the Italian Data Protection Authority issued a specific statement inviting public and private entities to comply with the procedures put in place by the competent authorities for the prevention and containment of the epidemic, avoiding the implementation of uncoordinated and unhelpful initiatives that could potentially violate the right to confidentiality of the data subjects concerned.

Unsolicited promotional activities: the Italian Data Protection Authority fines Eni Gas e Luce for 8 million euros.

The company Eni Gas e Luce has received from the Italian Data Protection Authority an administrative sanction of € 8,500,000.00 for unwanted telemarketing activities and unlawful management of contact data used for marketing campaigns. The company was sanctioned for having made advertising calls without the consent of the data subjects, for not having adopted adequate technical and organizational measures to implement the expressions of will of the data subjects and for having kept the data of the data subjects for a longer period than the necessary period to pursue the purposes. This is what emerged from the investigations of the Guarantor, which began following some reports received by the Authority during 2018 and 2019.

The Italian Data Protection Authority against ENI: multimillion-dollar fine.

Unsolicited contracts, inaccurate data and false subscriptions: the manifestly incorrect and fraudulent conduct of one of its agencies and the failure to apply adequate controls has cost Eni Gas e Luce S.p.A. a 3 million euro fine due to the several breaches found by the Italian Data Protection Authority with reference to the processing of personal data connected to the activation of energy supply contracts.

Commercial communications and the consent of its data subjects.

Sending commercial communications for promotional purposes to users must always be preceded by the acquisition of a valid consent, which must be free, specific and accountable. The Data Controller is also responsible for implementing adequate organizational and technical measures in order to guarantee the correct management of the rights of the data subjects, with particular reference to the right to object to the processing.
This is what is established by the provision of the Data Protection Authority n. 133 of 20 June 2019.

Online services: EDPB guidelines available online.

Following a public consultation process, the European Data Protection Board has adopted the final version of the Guidelines 2/2019 on the processing of personal data under Article 6(1)(b) of Regulation (EU) 2016/679 – General Data Protection Regulation (the “GDPR”) in the context of the provision of online services to data subjects.