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12DecActive or passive? Court of rome rules on role and liability of ispsOn October 20 2011 the Court of Rome issued a decision that will contribute significantly to the ongoing debate – both in Italy and the rest of Europe – on the role and liability of internet service providers (ISPs). The lawsuit was initiated by a request for precautionary measures filed by RTI, Italy’s main private…
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12DecIl futuro del broadcasting terrestreIl dipartimento Technology and Development dell’European Broadcasting Union (EBU) ha pubblicato a ottobre il rapporto tecnico n. 013, intitolato “The Future of Terrestrial Broadcasting”...
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1DecLocalization systems are legal for vehicles used for employment activities – but on what conditions?Under Italian law, all forms of distance monitoring are prohibited by Article 4 of the Statute of Employees (Law 300/1970), as well as by Article 114 of the Privacy Code (Legislative Decree 196/2003), which expressly refers to the provision of the Statute of Employees. In particular, the law prohibits the use of distance monitoring systems…Article filed under: Labour and Employment
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1DecLawyer monthly – Telecommunications lawAs part of this month’s Legal Focus, we take a look at the Italian Telecommunications sector by speaking to Ernesto Apa, partner at Italian law firm, Portolano Colella Cavallo Studio Legale. The industry globally has seen the latest wave of mergers and acquisitions prompted by the effects of the recession, however, the Italian industry is…Article filed under: Regulatory
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23NovConstitutional court clarifies indemnity for invalid temporary employment agreementsTowards the end of 2010 Parliament approved a significant piece of legislation – Law 183/2010, known as the Collegato Lavoro – which affects several aspects of employment law, including the indemnity that an employer must pay when an individual is employed under an invalid temporary employment agreement. The previous provisions of labour legislation were not…Article filed under: Labour and Employment
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21NovEuropean court of justice on online sales in the context of a selective distribution networkOn October 13 2011 the European Court of Justice (ECJ) ruled on restrictions on online sales, clarifying that selective distribution agreements imposing a general and absolute ban on the sale of cosmetics and personal care products by selected (authorised) distributors to end-users via the internet might result in contrast with EU competition rules. The ECJ…Article filed under: Internet & Ecommerce
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15NovUse of registered trademarks in domain names – when and how to obtain seizureAn Italian court has recently held that if a website wrongfully uses a registered trademark in its domain name, and if a court order is sought to require an Italian internet service provider (ISP) to block access to the website, such an order cannot be granted unless the applicant produces evidence of the website’s illicit…Article filed under: Internet & Ecommerce
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14NovIl rebus dell’applicazione va all’esame di assonimeLuci e ombre nell’applicazione delle norme in merito all’addizionale del 10% sugli emolumenti variabili corrisposti a dirigenti e collaboratori di imprese operanti nel settore finanziario. Queste le principali indicazioni contenute nella circolare Assonime 28 ottobre 2011 n. 27, che in più parti sottolinea i dubbi applicativi di una normativa non chiara e dalla incerta interpretazione…
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11NovInvestigation into Apple over iPod and iPad Warranties?On September 9 2011 an Italian consumer association, the Centro di Ricerca e Tutela dei Consumatori e degli Utenti, published a press release announcing that the Italian Competition Authority had initiated an investigation into four companies on the basis of the association’s claim of alleged unfair commercial practices relating to warranties for Apple iPods and…Article filed under: Internet & Ecommerce
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31OctMeasures for the promotion of production and distribution of european works by on-demand audio-visual media servicesAs part of this month’s Legal Focus, we take a look at the Italian Telecommunications sector by speaking to Ernesto Apa, partner at Italian law firm, Portolano Colella Cavallo Studio Legale. The industry globally has seen the latest wave of mergers and acquisitions prompted by the effects of the recession, however, the Italian industry is…Article filed under: Television