Germany is poised to enact specific legislation intended at bringing the tools of competition law up to speed with the realities of the digital era.

The well-known giants of the digital market, such as Google, Facebook and Amazon, are gaining more and more power, which may impede free competition and innovation. This power derives amongst others from the mass of data they possess, which has become one of the most important modern goods. Due to this, tech companies are able to control access to and influence digital market overall…

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The post PRIVACY VS. DATA ACCESSIBILITY – THE DIGITAL MARKET IN THE LIGHT OF 10TH AMENDMENT OF THE ANTITRUST LAW IN GERMANY appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

In December 2016 Ms. Santa Conte of Naples (Italy) filed an application for an EU trade mark consisting of figurative sign “CANNABIS Store Amsterdam” with the EUIPO for goods and services for food and drinks (Nice Classes 30, 32, 43), which was rejected. The rejection of the EUIPO was confirmed by the Board of Appeal resting on absolute grounds of refusal for reasons of public policy under Art. 7 (1) (f) Regulation No. 2017/1001…

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The post “CANNABIS” IN THE SPOTLIGHT AS A TRADEMARK CONTRARY TO PUBLIC POLICY appeared first on Studio Legale De Berti Jacchia Franchini Forlani.

A German producer of vinegar, “Balema GmbH”, had commercialized for about 25 years a spiced sweet-sour vinegar obtained from wines of the Baden region used as dressing, called “Balsamico” and “Deutscher balsamico”. The plaintiff, the Italian “Consorzio di Tutela dell ’ Aceto Balsamico di Modena IGP”, a collective body whose mission is to promote and protect the original product from the Modena region, took the view that the use of the Italian adjective “balsamico” for a German product represented a violation of their protected geographical indication (PGI) “Aceto Balsamico di Modena”, which is registered in the register of protected designations of origin and protected geographical indications and of Art. 13 (1) (b) of Regulation No. 1151/2012/EU…

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The post “ACETO BALSAMICO TRADIZIONALE DI MODENA” AND A RECENT DECISION OF THE CJEU. PROTECTED GEOGRAPHICAL INDICATIONS IN DANGER? appeared first on Studio Legale De Berti Jacchia Franchini Forlani.