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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Procedure for dispute resolution regarding the Domain name: instructions and requirements for claims.

The domain name is a technical device to indicate in a comprehensible manner the address of a website in the world wide web, which corresponds to a single sequence of numbers.
The possibility to use letters combined with numbers allows to obtain domain names with a strong commercial impact. From this derives the need to create a system of protection against abuse of domain names similar and confusing with the legitimate owners’ ones.
It seems useful to examine the remedies available with reference to domains with geographical extension .it, relating to Italy.

7 January 2020

Commercial communications and the consent of 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 data subjects rights, with particular emphasis to the right to object to the processing.
This is what was established by the provision of the Data Protection Authority n. 133 of 20 June 2019.

26 November 2019

Data breach: the reporting form is available online.

The Italian Data Protection Authority has adopted and published on its website a personal data breach reporting form, outlining the information to be necessarily communicated to the Authority, for the purpose of simplifying the correct fulfilment of the administrative obligations imposed on data controllers with reference to any possible data breach pursuant to art. 33 of Regulation (EU) 2016/679 – General Data Protection Regulation (the “GDPR”).

30 September 2019

International survey on the respect for privacy: principle of accountability and enforcement of EU Regulation 679/2016.

At the end of 2018, a few months after the full applicability of EU Regulation 679/2016 on the protection of personal data, most companies and public bodies have understood the concepts promoted by the Regulation related to the principle of accountability; despite this, there are still significant shortcomings in the effective implementation of specific policies for the protection of personal data. This is the outcome of the international survey on respect for privacy (“Sweep 2018”) conducted by the personal data protection authorities belonging to the Global Privacy Enforcement Network.

23 April 2019

Labor consultants act as data processors, the Data Protection Authority states.

The labor consultants act as data controllers pursuant to par. 28 of Regulation (EU) 2016/679, and the processing of personal data carried out on behalf of its customers must therefore be regulated by a contract or other legal act: this is what emerges from the letter of the Italian Data Protection Authority sent to the National Council of labor consultants on January 22, 2019.

26 March 2019

“Be International. Be Digital” and the digital corporate renewal.

The project “Be International –  Be Digital” continues.  Be Digital involves Tonucci & Partners , CUOA Business School and Bonucchi & Associates  aims  to collect ten case histories of companies that have undertaken the digital renewal process. The protection of digital innovation and data collected from digital development, in addition to the study of new forms of contracts, increase the need for specialized legal assistance.

29 August 2018
    • Tonucci & Partners