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1MarShould companies choose to pay indemnity in lieu of notice in the event of dismissal?Pursuant to Section 2118 of the Civil Code, and except in certain cases (ie, in the event of termination for cause or during a probationary period), employers and employees are entitled to terminate a permanent employment agreement provided that they comply with the obligation to give the counterparty adequate notice.Articolo inserito in: Diritto del Lavoro
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28FebItaly’s proposal on internet regulation – dawn of new eraOn December 22 2010 the Italian Communications Authority (AGCOM) published a draft regulation (Annex B to AGCOM Resolution 668/10) which relates to AGCOM’s powers in respect of the protection of copyright on electronic communications networks. Among other things, it states that user-generated content websites such as YouTube could fall within its scope of application and…Articolo inserito in: Internet & Ecommerce
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23FebLeveraged buyout and tax abuse – supreme court changes courseOn January 21 2011 the Supreme Court released a judgment incorporating significant views on tax abuse in cross-border corporate restructurings. The court rejected the tax authorities’ claim in relation to the existence of an allegedly abusive scheme.
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17FebEasy authorisation for online media operatorsAGCOM, the Italian communications authority, has established a new, simple set of rules for the licensing of linear audiovisual and audio services on the Internet (ie, online television, Internet Protocol television and mobile television) and non-linear audiovisual media services – known as ‘video on demand’ – provided on any e-communications network. On the basis of…Articolo inserito in: Internet & Ecommerce
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2FebDirectors’ liability for health and safety incidents.Supreme Court Decision 38991, which was issued on November 4 2010, has established that a board of directors may be held liable in respect of duties of health and safety in the workplace. The court considered events that resulted in injury and which occurred in a company with a complex structure. In its decision it…
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31GenNew rights for minority shareholders in listed companiesOn January 27 2010 a legislative decree to implement the EU Shareholders’ Rights Directive (2007/36/EC) amended certain provisions of the Civil Code and the Consolidated Finance Law (Legislative Decree 58/98). The revised rules have applied to shareholders’ meetings called since October 31 2010. The aim of the reform is to encourage investment in listed companies…Articolo inserito in: Mergers & Acquisitions
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28GenItalian supreme court rules on product originThe ‘made in Italy’ label is considered a national economic resource, so much so that numerous laws have been passed to protect consumers and Italian enterprises from misleading indications of origin on products. Pursuant to Section 4(49) of Law 350/2003 (as amended),1 the use of the ‘made in Italy’ label on products that are not…
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27Gen“Not for sale”: us and eu approaches to trademark and copyrightOn January 4 2010 the US Court of Appeals for the Ninth Circuit established that the distribution, by the copyright owner, of promotional CDs for marketing purposes involved a transfer of ownership of such CDs to the recipients, regardless of the fact that such copies were labelled ‘promotional use only – not for sale’, thus…
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19GenTesters and unboxed cosmetic productsAccording to EU case law, the sale of tester bottles of perfume may infringe trademark rights in certain circumstances. In particular, infringement issues may arise in connection with: a trademark owner’s express prohibition of sale; a trademark owner’s right to recall a tester; the presentation of the product; and the absence of required consumer information…
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29OttThe value of “made in …”Introduction On September 29 2010 the EU International Trade Committee approved a proposal for an EU-wide system of origin labelling for goods imported from third countries. The proposed EU regulation would affect specific categories of goods, such as clothing, textiles, footwear, ceramics and jewellery, and would apply to products destined for end users. It aims…
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