Italy: Intellectual Property

Explore how artificial intelligence is reshaping intellectual property law through recent European court decisions and regulatory developments. From AI-generated music copyright disputes to trade secret protection in the age of mandatory data sharing, discover the evolving legal landscape where technology meets creative rights.

The Leiden Declaration on Artificial Intelligence and Mathematics, published in June 2026, addresses fundamental questions about authorship, verification, and the use of work in AI systems that are now central to European litigation and legislation.

Italy has become the first EU member state to pass a national artificial intelligence law which secured final parliamentary approval on 17 September 2025 and complements the EU AI Act.

The concept of being concerned by a patent, as laid down in Article 47(6) UPCA for revocation actions, is to be interpreted broadly. A distinction must be drawn between private and commercial acts, as Article 27(a) UPCA makes clear.

The Unified Patent Court is witnessing a significant shift toward English as the primary language of proceedings, with a recent Milan Local Division decision exemplifying this trend.

The Milan Local Division of the Unified Patent Court addresses an application for security for costs under Rule 158.1 of the Rules of Procedure in patent infringement proceedings between Biopsafe ApS and Kaltek S.r.l. The case involves three European patents and raises important questions about cost security requirements in UPC litigation.

The Italian Competition Authority has imposed fines exceeding €2.5 million on six companies for unauthorized marketing activities that created misleading associations with the Milano Cortina 2026 Olympic Winter Games.

The Italian Competition Authority has launched investigations into three major supermarket chains for allegedly conducting unauthorized marketing campaigns that exploited Olympic symbols and imagery during the Milano Cortina 2026 Winter Games.

Negli ultimi anni, il motore della crescita mondiale si è spostato sempre più verso ciò che non si può toccare: software, dati, ricerca, brevetti, marchi e design.