Intellectual and Industrial Property

Pozzi-Castronovo Law Firm provides contentious and non-contentious legal advice and representation in relation to the protection, management and commercial exploitation of intellectual and industrial property rights.

The Firm advises companies, professionals, authors, inventors, designers and other economic operators on strategies appropriate to the nature of their intangible assets and the markets in which those assets are used. The practice encompasses trademarks, patents, utility models, registered and unregistered designs, copyright-protected works, software, databases, domain names, trade names, business signs, know-how, confidential information and trade secrets. Effective protection requires the right capable of being enforced to be identified at the outset, since each intangible asset is subject to different eligibility requirements, methods of acquisition, territorial limitations and periods of protection. While certain industrial property rights are acquired or strengthened through filing and registration, copyright arises upon the creation of an original work meeting the applicable statutory requirements and does not depend on constitutive registration.

Other assets, such as know-how and trade secrets, are protected only where the information has commercial value because it is confidential and has been subject to reasonable measures designed to preserve its secrecy. The Firm assists clients in selecting the most appropriate instruments for protecting a new product, service, creative project, invention or commercial identity, including by assessing whether different forms of protection may be combined. The same product may contain technical features eligible for patent protection, aesthetic characteristics capable of protection as a design, distinctive elements registrable as trademarks and creative content protected by copyright. In relation to trademarks and other distinctive signs, the Firm’s assistance includes the preliminary assessment of distinctiveness and legality, searches for earlier potentially conflicting rights, the identification of the relevant classes of goods and services and the determination of the appropriate territorial scope of protection.

The Firm advises on filing, registration, renewal, opposition, invalidity and revocation proceedings before the competent authorities, working where necessary with industrial property consultants and authorised professional representatives. The Firm also handles disputes concerning the use of identical or similar trademarks, likelihood of confusion or association, unfair advantage taken of a trademark’s reputation, infringement, unauthorised use of trade or business names and abusive domain-name registrations. In patent matters, the Firm advises on the ownership of inventions, relationships between inventors, employers, employees and independent contractors, the preparation of confidentiality agreements before disclosure, and the contractual allocation of rights arising from research and development activities.

The practice includes the legal assessment of licensing, assignment, joint ownership and technology-transfer arrangements, as well as disputes concerning validity, infringement, equivalents, dependent patents and the unlawful appropriation of innovation. In relation to designs, the Firm examines novelty and individual character, the availability of protection for unregistered designs, ownership of the relevant rights and potential overlaps with other forms of protection, including three-dimensional trademarks, copyright and unfair competition law. In the field of copyright, the Firm advises authors, publishers, businesses and commissioning parties on the protection and commercial exploitation of literary, artistic, musical, photographic, audiovisual, architectural, advertising and digital works, as well as software and databases. Legal advice covers the ownership of moral and economic rights, the acquisition of rights in works created by employees or contractors, the duration and scope of assignments, and the rights of adaptation, reproduction, distribution, communication to the public and online making available. Particular attention is given to contractual clauses identifying precisely the rights transferred, the authorised forms of exploitation, the applicable territory, duration, exclusivity arrangements and remuneration.

The Firm also advises on the use of protected content on websites, digital platforms, social media, advertising campaigns and artificial intelligence systems, assessing the lawful acquisition and use of text, images, photographs, music, video, software and other creative materials. Know-how and trade secrets are protected through the identification of confidential information, an assessment of the organisational measures adopted by the business, and the preparation of non-disclosure agreements, confidentiality clauses, access protocols and provisions applicable to employees, directors, consultants, suppliers and commercial partners. In the event of unlawful acquisition, disclosure or use of confidential information, the Firm assesses the availability of interim measures, damages claims and remedies under unfair competition and criminal law.

The Firm’s contractual work includes the drafting and negotiation of licence and assignment agreements, technology-transfer agreements, research and development arrangements, trademark coexistence agreements, franchising, merchandising, distribution, manufacturing, publishing, sponsorship, advertising and image-rights agreements. Contractual provisions are prepared with regard to ownership, warranties against infringement of third-party rights, obligations concerning the maintenance and enforcement of registered rights, permitted uses, quality control, royalty structures, accounting and reporting obligations, and the consequences of expiry or termination. In connection with acquisitions, mergers, investments and other corporate transactions, the Firm conducts legal due diligence on intellectual property portfolios, examining ownership, validity, registrations, licences, encumbrances, disputes, contractual obligations and the adequacy of the protective measures adopted.

The Firm also prepares provisions relating to intangible assets for investment agreements, share purchase agreements, business transfers and corporate reorganisations. Where infringement occurs, the Firm acts through cease-and-desist letters, negotiations, content-removal procedures, administrative oppositions, interim proceedings and proceedings on the merits, seeking, where the relevant requirements are met, injunctions, orders for inspection and preservation of evidence, seizure, recall from the market, destruction of infringing goods, damages, an account of profits and publication of the judgment or order. Enforcement may extend to infringements committed through e-commerce platforms, social media, online marketplaces and domain names, as well as customs measures and criminal proceedings relating to counterfeiting.

The Firm also advises and represents clients in disputes concerning unfair competition, slavish imitation, misappropriation of reputation or business merits, misleading or comparative advertising and commercial practices capable of interfering with exclusive rights or fair competition in the market.