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Copyright Giulio Coraggio 2018

 

As part of the series of posts on fashion related topics, we previously discussed about wearable technologies and franchising agreements while in this post my colleague Gualtiero Dragotti will focus on an issue already touched in a previous post i.e. the friction between traditional intellectual property rights and 3D printing technologies.

As part of the series of posts on the most relevant legal matters affecting the fashion industry, we discussed about wearable technologies and privacy while here is a post from my colleague Stefania Baldazzi on legal issues affecting franchising in Italy being franchising agreements one the most common contractual arrangements used in the fashion sector. In particular, we will review the issues that a foreign franchisor needs to consider before entering into the Italian market.

Wearables and the Internet of Things are one of the most discussed at the moment with a considerable potential impact on our approach to technologies in the next years. But, with the huge amount of personal data relating to users as well as images/sounds on the people/events around him collected by means of such devices and the possibility to very easily share them on the Internet, the impact on privacy rights of these technologies will require a careful review.

Data protection issues have become quite popular after the settlement approved by the US District Court of Northern California obliging Facebook to pay $20 million for putting users' names and faces in "Sponsored Story" ads without their permission and without paying them.  And the question is how social media companies will react to obligations imposed by European data protection laws. 

the 12 months ban on gaming in Italy is likely to be a joke! The Italian gaming market has suffered a period of high tension today when the Italian Parliament has approved a motion instructing the Goverment to urgently ban for 12 months both online gaming and land-based gaming systems located in public places (i.e. AWP and VLTs). However, the Ministry of Finance immediately issued a statement declaring that such motion is inapplicable and would create catastrophic consequences in terms of claims from operators, massive loss in tax entries and fostering of the gambling black market. While the political party named Lega Nord is celebrating for the victory of their motion totally ignoring its potential consequences, the Italian Ministry of Finance thoroughly...

    The Italian Government has passed the previously reported law decree granting to Italian videolottery operators the option to settle the aggregate € 2.5 bn fines issued in 2011 against them through the payment of at least 25% of their value even if the payment shall be performed very soon. But in a market where operators are already bearing considerable investments since the offering of videolotteries is still in a start up phase, what will be the reaction to this unexpected considerable cost by operators and investors? Operators shall notify their interest to take advantage of the above mentioned option and therefore pay the discounted fine rather than insisting on their Appeal proceedings by the 15th of October 2013 at the...

€ 2.5 bn aggregate fines issued against Italian videolottery operators are likely to be settled with the payment of around  € 600 M according to recent statements from the Italian Government.  We previously reported that as part of a dispute relating to the disconnection of AWP machines from the servers of the Italian gambling authority, the Italian Accounting Court had issued fines against all the Italian AWP and VLT licensees whose aggregate value is of € 2.5 bn. Such fines if enforced would have forced most of the licensees to shut down their business and declare bankruptcy which would have led to a potential higher loss for the State since such companies would have ceased to fuel the Italian Treasury...

Privacy breach can trigger criminal sanctions also for companies   The Italian criminal corporate liability regime for companies has been extended to privacy-related crimes, cybercrimes and credit card theft according to a law decree just passed by the Government.   As previously reported, Italian law provides a very detailed regime of criminal liability for companies that works in parallel with the personal criminal liability regime for the individuals (e.g. directors, managers etc.) responsible in a company of the actions that caused the crime. In this respect, the extension of the criminal corporate liability regime especially to privacy-related crimes might have a considerable impact on companies' operations.    Indeed, privacy compliance has often been considered as a mere cost that might be postponed, but, as a consequence of this regulatory...

The future of Google Glass might also depend on the outcome of a trademark battle with an Italian startup that devised a product named Glassup.In June 2012, Google had filed with the European trademark office applications for the registration of the words "Glass" and "Google Glass" in the category 9 relating to, among others, computer hardware, computer peripherals and wearable computer peripherals. The application had not been filed in class 25 relating to clothing, footgear and headgear since as it would have been certainly rejected because of the descriptive nature of the word. However, if Google's application was going to be successful in relation to the word "Glass", they would have potentially gained an exclusivity right on all technologies applied to...