The crime of unlawful use of credit is recognised by article 325 of the new Code of corporate crisis and insolvency. Unlawful recourse to credit occurs when administrators, general directors, curators and professionals operating a commercial activity use or keep using credit, thereby dissimulating or hiding the company’s bankruptcy or insolvency. Penalties for such violations are particularlyRead more

Italy is increasingly following the direction of extending the culture of arbitration, traditionally used to resolve controversies concerning international commercial transactions. The idea put forward by the International Arbitration Chamber is to use tax benefits and add compulsory subjects to mediation procedures, such as assisted negotiation and arbitration. The aim is to make the parties ofRead more

Despite the complications connected to doing business nowadays, the number of foreign entrepreneurs who choose to open a business in Italy is constantly increasing. This is especially valid for entrepreneurs who were born abroad. Doing business in Italy, though, is just one of the options available to foreign investors. The other is that of establishing aRead more

The heated debate concerning the need/possibility to waive the vaccine patents against Covid-19 has paved the way to a worldwide dispute about the regulation of certain aspects of international trade law as well as industrial and intellectual property. In this regard, there have been alternative proposals to the mere withdrawal of the patent, such as:Read more

The topic of binational family reunification in connection to the right of residence in Italy for the extra-Eu partner who does not have a residence permit has been dealt with by the attorneys at Damiani&Damiani Law Firm more than two years ago.   Binational Family Reunification, Residence permit, Right of Registration at Register Office of ItalianRead more

Registering innovative patents or marks in Italy avoids those risks connected to the infringement of copyright and intellectual property of inventions. In order to promote innovative startups, the Government has launched a billionaire economic measure to sustain and value those businesses whose activity is based on a new patent. The measure is called Marchi+3 and itsRead more

Professionals carry out an economic activity, and are therefore entitled to the protection established by article 2598 of the Italian Civil Code – which concerns the fields of advertisement and competition. So has the Court of Justice of the European Union (CJEU) decided with judgment C-41/90. The CJEU extended the concept of enterprise to professionalRead more

In economics, competition is a scenario where different economic firms are in contention to obtain goods that are limited by varying the elements of the marketing mix: price, product, promotion and place. In matters concerning unfair business practice, clientele diversion and illegal advertising there seems to be a contrast between the Court of Justice of theRead more

The evolution of technology and new communication channels contributed to confusing the approach to trademark infringement and unfair or unlawful competition actions, and to diminish the efficacy of more traditional forms of intellectual property protection such as the registration of trademarks, patents and copyright. This tendency stems from the very nature of trademarks and patents, whichRead more

Litigation concerning unfair competition in commercial law is subject to a constant evolution due to the juridical comparison/conflict among businesses operating in the global market.  Jurisdiction regarding unfair competition. Specialised divisions and ordinary court Due to the complexity of the subject at hand and to the consequences that the potential abuse of unfair competition bearsRead more