On 14 February 2019, in view of the forty-fourth meeting of the Council of Minister, the Italian government approved the implementation of (i) EU regulation 1257/2012 and Agreement on a Unified Patent Court, and (ii) new EU trademark regulation. Obtaining a unitary patent, valid in all 26 EU Member States, will be possible by submitting…

On 12 February 2019, the European Data Protection Board published Guidelines 1/2019 on Codes of Conduct and Monitoring Bodies under Regulation 2016/679. Their scope is to provide practical guidance and interpretative assistance in relation to the drafting and monitoring of codes of conduct. The guidelines will help to clarify the procedures and the rules involved…

The European Parliament adopted the Resolution of 3 October 2018 on distributed ledger technologies (“DLT”) and blockchains: building trust with disintermediation (2017/2772(RSP)), which encourages the use of DLT tools to foster 4.0 industry. Through a series of recommendations, the Resolution aims to improve transparency and transaction cost efficiency by covering key sectors of the economy,…

The Law Firm Cartwright Pescatore, with a team composed of the Partner Giacomo Pescatore and the Senior Associate Beatrice Cremonese, has assisted PALLADIUM MODA S.r.l., company owner of the brand 120% Lino, in the realisation of an operation by way of which it has transferred the majority of the company to the private equity fund Made in Italy Fund, constituted of…

In accordance with Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information against their unlawful acquisition, use and disclosure, Legislative Decree of 11 may 2018, n. 63 – in force since 22 June 2018 (“Legislative Decree”) – intends to guarantee…

In the relationship between a Company and the board members, that has non subordinated nature (according to the 1595/2017 decision of the Italian Supreme Court), it is possible to apply the article 1460 of the Italian civil code. In the case decided by the Milan Court of Appeal the Company was allowed to not pay…

In relation to the rights of the agent in the event of termination of the contract during the trial period, on April 19 th 2018, the European Court of Justice has decided that the agent cannot be denied the indemnity or compensation of damages on the sole ground that the termination of the commercial agency…

The Italian Court has established the lawfulness of a pact between two partners of a public limited company (S.p.A.), which gave one of them, in a financing occasion, the possibility to exercise put option within a period, and the obligation, to the other one, to purchase the shareholdings at a specific price, so as to…

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