Exam Industrial Law Flashcards
(36 cards)
What is the meaning of unfair competition?
Industrial Law
Practices that:
* Create Confusion
* distort fair market competition
* harm competitors
* mislead consumers
through deceptive, dishonest, or fraudulent acts, like false allegations, taking credit or discrediting a competitor.
What are the cases of unfair competition under Art. 2598, n. 1–3?
n.1: Slavish imitation and causing confusion (e.g., imitating trademarks or products, use names that will create confusion).
n.2: Disseminating false info and taking credit for merits of others (e.g., damaging reputation, discredit, look-alike).
n.3: Acts violating professional fairness or damaging the business of others. (Predatory pricing, Boycott, hiring ex-employees to get info, trade secrets, Know-how, parasitic competition, violation of public policy rules, misleading adv…)
The 2 types of unfair commercial practices
What is the difference between misleading and aggressive practices?
Misleading: If it cointains false info about product/services that deceive consumers to take a transactional decision that they wouldn’t have taken otherwise. (Also omissions)
Aggressive: Harassment, coercion, that impares the consumers freeedom choice or conduct regarding the product, forcing them to act.
What are anti-competitive agreements?
All agreements by undertakings, and concerted practices (e.g., price-fixing, limit production, market allocation, cartels) restricting, preventing or disorting competition within the internal market. Prohibited under Article 101 TFEU unless they benefit consumers/efficiency (R&D) or of minor importance (SMEs)
What is abuse of a dominant position?
When a dominant company(s) exploits its position within the internal market to restrict competition (e.g., predatory pricing, limited production,dissmiliar conditions, tying & bundling). Prohibited under Article 102 TFEU.
What is merger control?
The regulation of mergers/acquisitions by authorities to ensure they don’t harm competition in the internal market, focusing on market share and consumer choice.
The commision must be notified if the resulting company exceeds certain thresholds if not national competition authorities can review.
What is the principle of secondary meaning in trademarks?
Secondary meaning arises when a mark, originally descriptive or generic, becomes associated with a specific company through extensive use. Examples: “Windows” for operating systems, “Holiday Inn” for hotels.
What are geographical indications?
Labels indicating products linked to a specific region, with qualities tied to the location. Meant to protect typical local products and consumers from misled advertisements. (e.g., Champagne, Parma Ham).
What is the difference between PDO and PGI?
PDO: Entirely produced in a specific region (e.g., Parmigiano-Reggiano). PGI: At least one step in the region (e.g., Balsamic Vinegar of Modena).
What are the requirements for granting a patent?
To be granted, a patent must meet these four requirements:
Novelty – The invention must be new and not part of prior art.
Inventive Step – It must not be obvious to a skilled person in the field.
Industrial Applicability – The invention must be capable of being used in industry.
Lawfulness – It must not violate public policy or morality (e.g., human cloning is not patentable).
What rights belong to the patent holder?
Exclusive rights to exclusivly produce, trade, prevent use/sale, explotation, licensing rights, modifications, improvements and enforcement rights against infringers.
Is software patentable?
Software itself isn’t patentable, but software tied to a technical solution or process (e.g., controlling machinery) may qualify.
What does copyright protect?
Protects original works (e.g., books, art, software, films) expressed in a tangible form.
What are the economic rights related to copyright?
Rights to economically use their work, reproduce, distribute, publicly display/perform, and create derivative works to receive remuneration.
Renounceable and transferable.
Copyright law: If you program and design a homepage for your startup using texts and photos, what do you need to pay attention to? What rights could you be infringing?
Ensure you have rights to all texts, images, and design elements (either by creating them or licensing them).
Be cautious about stock images – many require proper attribution or royalties.
Employees’ work may be protected under work-for-hire laws, meaning the startup must contractually ensure ownership.
Possible infringements include:
Using unauthorized third-party images or text (copyright infringement).
Copying another website’s layout/design (may violate trade dress law).
Patent law: When is a patent “void,” and who can initiate the proceedings? On what grounds can a patent be declared void?
A patent can be declared void under the following conditions:
If it fails to meet patentability criteria (novelty, inventive step, industrial application).
If the patent holder obtained it fraudulently (e.g., falsified documents).
If the invention was already publicly disclosed before filing (prior art).
-Who Can Initiate Proceedings?
Competitors or third parties can challenge a patent through an opposition procedure at the European Patent Office (EPO) or a nullity action in court.
Patent offices can also revoke patents during re-examinations.
What is meant by the “Sickmann criteria”? is it possible to register an olfactory trademark (smell/sent) in the EU? Explain why yes or why not. Is it possible to register an olfactory trademark in the USA? Can you register a sound or jingle as a trademark in the EU?
Sickmann Criteria: The criteria set by the EU courts for registering unconventional trademarks like smells, sounds, and colors. Says that a trademark must be graphically representable to be registered.
Olfactory (Smell) Trademarks in the EU: Not possible due to lack of a clear graphical representation (Sieckmann v. Deutsches Patent- und Markenamt, C-273/00).
Olfactory (Smell) Trademarks in the USA: Possible, but very rare (e.g., Plumeria scent for embroidery thread).
Sound/Jingles as Trademarks in the EU: Yes, sounds can be registered (e.g., McDonald’s “I’m Lovin’ It” jingle, Nokia ringtone).
In the context of geographical indications, what is meant by the following abbreviations: PGI, PDO, TSG? Briefly explain the meaning of these abbreviations.
PGI (Protected Geographical Indication):
Product is closely linked to a region, but only one production stage must occur there.
Example: Balsamic Vinegar of Modena (grapes can be sourced elsewhere, but production must be in Modena).
PDO (Protected Designation of Origin):
Product must be entirely produced in the designated region using traditional methods.
Example: Parmigiano Reggiano (milk must come from specific areas, and the cheese must be aged there).
TSG (Traditional Specialty Guaranteed):
Protects traditional production methods, not linked to geography.
Example: Pizza Napoletana
Difference between strong and weak trademark
Strong Trademark: Trademarks in which the originality of the graphics or name is such as to give it a high degree of distinctiveness (Apple; Mercedes …).
Weak trademark: trademarks whose meaning is very close to the nature of the product or service and therefore the name does not attribute great distinctiveness, tending to be confused with the category of goods offered = descriptive trademark (The “Dentifrex” trademark for toothpastes; Scarpe&Scarpe in the beginning)
Explain the difference between a patent and a utility model.
A patent protects new and inventive technological solutions for 20 years.
A utility model requires a lower inventive step, is valid for a shorter duration (10 years), and is easier to obtain.
What is the purpose of competition law?
To ensure fair competition, prevent monopolies, protect consumers, and promote innovation in the market
How does moral copyright differ from economic copyright?
Moral copyright: Protects the author’s right to attribution and integrity of their work (cannot be transferred).
Economic copyright: Gives authors financial control over the use of their work (can be transferred/licensed).
Give an example of a company that has been fined for anti-competitive behavior.
Google: Fined €4.34 billion by the EU for abusing its dominant position by pre-installing its apps on Android devices.
What is the duration of a patent in Italy?
20 years
