High profile litigation at international level
The international guides and well known directories indicate our firm in the highest ranking positions for this branch of law.
The most important activity of our IP team is the high profile litigation with an international dimension. Our successes obtained in certain cases that become milestone decisions in Italian IP case law have contributed to enforce our reputation, considered excellent by clients and commentators.
For years we have been extending our offer, also with the help of our network of colleagues and firms in Europe, USA and China, to cover cases of leading companies in several industries: fashion and design, food & beverage, chemistry and pharma, mechanics, electronics, information & communication technology. We help to protect IP rights of our clients not only through litigation, but also with constructive consultancy. Our support embraces also the protection of the ‘Made in Italy’ trade mark, labelling and food products tracing.
The consultancy consists of drafting legal opinions, license agreements, technology transfer and IPR assignment agreements as well as assisting clients in their marketing and communication issues.
The assistance and defense of our clients is carried out in front of the following authorities:
- Civil Courts (especially before the Specialized Divisions for Corporate Matters) and Criminal Courts;
- European Community and European authorities (OHIM – Office for Harmonization in the Internal Market, EPO – European Patent Office, General Court and the European Court of Justice);
- Italian Institute of Advertising Discipline (Istituto dell’Autodisciplina Pubblicitaria);
- Design Dispute Resolution Authority (Giurì del Design)
- Administrative authorities (including Italian Trade Mark and Patent Office and Antitrust Authority).
We regularly publish books and articles in the specialized reviews and we participate as speakers in important conferences in Italy and abroad.
Our firm has contributed since the 1970’s in solving some of the most famous and high profile patent cases in which the issued judgments become milestone decisions in the history of Italian and foreign IP law. The lawyers of our IP team are well reputed for their skills in patent litigation.
We act on behalf of our clients:
- before Italian and foreign authorities, the latter in cooperation with local colleagues due to our international network;
- in all the industry branches and we obtain important results for our clients in terms of market shares and royalties.
We handle also out-of-court matters such as:
- the evaluation of patentability;
- infringement analysis;
- the economic evaluation of IP assets and contracts concerning assignment and licensing of IPRs;
- due diligence on patent portfolio in M&A operations.
We assist our clients in litigation concerning invalidity, infringement and declaration of non infringement.
We offer our services in the following phases:
- preliminary phase concerning the creation of a new trade mark, analysis of the existing prior marks, drafting of license and assignment agreements, due diligence;
- eventual further phase relating to trade mark protection, unfair competition and look alike controversies as well as online counterfeiting matters.
The experience we acquired in our activity in China with particular attention to trade mark cases, helped our clients to obtain important competitive advantages on the Chinese market.
The extensive expertise in this field is considered as one of the characterizing aspects of our activity.
We offer assistance in cases concerning the violation of competition rules and principles of fairness, more precisely in the following fields:
- slavish imitation;
- imitation causing risk of confusion;
- employee divertion;
- boycotting, antidumping, parasitic competition;
- Italian sounding in food and beverage field.
We constantly assist Italian and foreign designers operating in different fields such as fashion and luxury furniture. We advise on a wide range of agreements for protection of design in all its aspects. We have won cases that have become famous as they contributed to important developments in this area of law.
We advise and defend our clients in matters concerning copyright, referring in particular to books, music, photographs and design. We handle issues relating to contracts especially in the field of editing and software.
The lawyers of our IP team defend and advise clients also in this branch of IP law. More precisely, as far as litigation is concerned, we handle cases concerning technical drawings, misappropriation of confidential information and know how, illegal exploitation by former employees of confidential information learned during their previous employment relationship.
As far as the consulting activity is concerned, we support our clients in drafting of non-disclosure agreements and other contracts for the protection of technology and commercial assets of the company.
We offer consulting and assistance in litigation to companies active in technology, media & telecommunications fields, especially for:
- protection of personal data;
- IT contracts;
- liability of suppliers of Web 2.0 services;
- liability of suppliers of internet and mobile terminals contents;
We assist start up companies in searching for Venture Capitalists and in maintaining their relationships. We also draft the necessary agreements.
We assist clients in litigation before IAP (Istituto dell’Autodisciplina Pubblicitaria) and offer our consulting services with reference to the advertising communication for products of large scale retail distribution, protection of advertising slogans, TV ads, product placement issues.
We offer assistance for:
- valorisation and protection of Made in Italy;
- labelling and traceability of food and beverage products;
- geographical indications and denominations of origin.
“Top life sciences lawyers in Italy” (Practical Law Company)
Our membership of the European network Conférence Bleue which since 1997 unites leading firms in the pharmaceutical, sanitary and medical field, allows us to offer our clients legal service on a multi-jurisdictional level with a high degree of specialization.
Our expertise in patent matters and in the field of drugs plays an important role in the complex pharma and biotech litigations.
Due to our expertise enforced by the constant cooperation with other European law firms, we are able to handle the Italian part of pan-European litigations and to offer high standard services to Italian and foreign clients, both SME and big companies.
The assistance in litigation is carried out before all the competent authorities for this complex branch of law: ordinary civil jurisdiction, specialized IP divisions, administrative jurisdiction, arbitrating.
The administrative litigation is of significant importance for the protection of interests of the pharmaceutical companies.
The Life Sciences team also offers assistance in arbitrating and proceedings before independent authorities (AGCM – Antitrust Authority and IAP – Advertising Authority).
We assist clients in litigation and out-of-court cases concerning regulatory aspects of drugs Marketing Authorizations with reference to their:
Furthermore, we offer assistance and consulting services on pricing systems, on classification for the reimbursement of drugs by the National Health Service.
We address our services to national and international companies requiring assistance in the following issues:
- best practices and compliance (also in relation to national and international ethical codes, GMPs, GDPs and GCPs);
- contracts drafting (licenses, MA transfers, manufacturing, toll manufacturing, distribution, storage, co-promotion and co-marketing);
- joint ventures, company transfers and share transfers as well as all the extraordinary operations in the relevant field of industry;
- participating in public tenders;
- advertising, competition and parallel imports issues;
- relationships with regulatory authorities (AIFA – Italian Drug Administration, Ministry of Health);
- clinical trials.
In this field we offer our clients our expertise developed with reference to manufacturing, commercializing (EC marks, regulatory activity, relationships with competent authorities), contracts drafting, advertising, participation in tenders for public authorities’ supplies.
This requires an experience and knowledge of regulatory and advertising legislation as well as experience in the field of relevant litigation.
The specific knowledge of life sciences allows our lawyers to handle also the issues pertaining to health-care law, possible new product liabilities or dangerous activity liabilities as well as to connections with the rules of the Consumers’ Code.
This means handling litigations before competent authorities.
In this field we offer our clients the consulting activities on topics connected to administrative liability of public authorities (Legislative Decree no. 231/2001) and we contribute to draft and revise the organization standards and we participate in vigilance bodies.
Forniamo assistenza relativa alla normativa di tutela dei dati personali in ambito sanitario con particolare riferimento a:
- clinical trials;
- scientific information;
- market surveys.
Corporate and Business Law
A problem solving win-win approach
Among partners and associates of our corporate & business law team guided by Avv. Dal Negro, there are professionals who previously held high profile roles in the legal departments of important international industries. This characteristic allows us to have an efficient problem solving approach, a well-balanced evaluation of timing, costs and chances of success in a litigation.
We support our clients in any decision-making process, purshing the goal of avoiding disputes and court litigation in order to find settlement or solution preserving parties’ interests. In case this is not be possible, we assure extensive and consolidated expertise in national and international litigation in business law and business contracts, company law, bankruptcy law, competition and banking as well as financial markets.
We offer to Italian and foreign companies the consulting during negotiation, drafting and executing of national and international agreements.
As business law lawyers with experience built in Italy and abroad, we are at the disposal of our clients with expertise in the following types of contracts:
- tenders, outsourcing;
- agency, distribution, franchising;
- rental, leasing, commercial renting;
- joint venture and cooperation agreements;
- licensing, technology transfer;
- advertising, sponsoring;
- any other agreement concerning the business activity and commercial exchanges.
The lawyers from our team monitor and pay particular attention to national and EC legislation in the field of competition, manufacturers’ liability, consumer protection and personal data protection.
We offer assistance and consulting in:
- the phase of the company setting up;
- the drafting and revising of company statute and shareholders’ agreements;
- the executing of ordinary activity with specialized support;
- the management of the corporate meetings and board of directors meetings for an effective and efficient functioning of the company;
- the phase of company winding-up.
Always in this field, our corporate law team is active in:
- drafting of oppositions to corporate and advisory meeting decisions;
- filing liability actions against the members of organs of the company and persons in charge of accounting control;
- handling and solution of disputes among shareholders and referring to any other company law litigation.
We assist Italian and foreign medium and large companies in their extraordinary national and cross border operations, especially in case of:
- assignment and acquisition of shares and/or stake holding;
- selling of the branch of business;
- acquisition and cessation of companies;
- mergers and divisions of companies;
- leverage buy out operations;
- increase and reduction of share capital;
- company restructuring and/or reorganization process.
The lawyers of the corporate law team handle and coordinate the following different activities:
- due diligence;
- negotiating and drafting of principal and side agreements and the enclosures;
- drafting of corporate and advisory meeting decisions etc.;
- analysing labour law aspects;
- communicating with competent antitrust authorities;
- executing of those operations.
We offer assistance and consulting in the following real estate operations:
- sale of real estate packages with industrial, commercial and residential destination.
In this branch and with reference to factory and industrial zones clearance, certain lawyers of our corporate & business team have developed a specific expertise related to site clearance and to hazardous waste management.
Our team has acquired significant experience in the field of European Community law and assists clients on a day-to-day basis in interpreting EC Regulations and Directives.
We offer, more precisely, consulting services in the following fields for Italian clients abroad and foreign clients in Italy:
- foreign commerce;
- consumer rights;
- food products safety.
Moreover we assist our clients in litigation before the European Court of Justice.
We have acquired a specific experience in preliminary and summary proceedings that allow our clients to reach their goals very quickly.
We guarantee our clients a deep and consolidated experience in national and international litigation in the following branches of law:
- business and business contracts;
- intellectual property and information technology;
- banking and financial markets.
We offer assistance before national courts (including the Supreme Court) and before the European Court of Justice.
In this area the firm offers to assist clients in operations of debt restructuring and in bankruptcy litigation and out-of-court assistance (such as rehabilitation plans, agreements with creditors and bankruptcy agreements, special administration, bankruptcy), in litigation relating to bankruptcy proceedings (revocation actions, liability actions against corporate organs, acquisitions of company assets).
Our lawyers who handle company crisis cases are highly specialized and have often assisted the appointed commissioners of companies subject to special administration procedure as well as court-appointed commissioners.
Labor law and Industrial Relationships
Up-to-date and efficient support
Our mission is to analyze the complexity and specificity of market situations in order to offer the most up-to-date problem solving support.
- negotiation, drafting of individual labour contracts, including pseudo self-employment and self-employment contracts, general agreements and agreements with trade unions, non-competitive agreements, confidentiality agreements and agreements concerning intellectual property in employment relationships
- advising on the formalization of employment relationships with foreigners (EU and non EU) in Italy and agreements with Italian employees working abroad (including transfer and posting of workers);
- analysis and drafting of incentive plans, stock options, stock grants etc.
- evaluation of labour aspects of extraordinary financing operations such as M&A, quoting, management buyout;
- assisting in company transformation operations, both commercial and/or financial (use of social shock absorbers, layoffs, worker mobility, trade union agreements, implementation of staff reduction plans);
- evaluation of labour aspects of the operations consisting of reallocation, transfer, subcontracting and outsourcing (transfer within national territory, transfer abroad and tender).
- analysis of the organization of human resources and of industrial relationships;
- constructing and organizing of the commercial network, analysis and advice on the related agreements (agency, distribution, financial promoters, credit brokers, franchising, etc.);
- assistance in implementing internal procedures with implications for employment relationships such as drafting of the behaviour or discipline codes, company policies (including those relating to the use of company assets such as vehicles, telephones, internet and e-mail), security plans.
- evaluation and management of the phase prior to litigation:
- legal opinions concerning individual or collective dismissals;
- applying the contracting of the first and second level;
- analysis of individual positions and potential implications deriving from interpretation of the national, EC and united trades contracting law.
- assistance in all litigation concerning or related to employment, self-employment and pseudo self-employment including:
- individual or collective dismissals;
- claims for positions or grades;
- claims deriving from trade union contracting;
- liability deriving from enforcing work security and/or privacy law;
- liability for damages caused or related to employment relationships including acts like mobbing, bossing, downgrading, race discrimination, sexual discrimination or alike;
- claims relating to pseudo self-employment or self-employment relationships such as: administration, agency, mediation, franchising, joint venture, general consultancy;
- claims and/or problems concerning social security issues.
- assisting clients before national Courts and superior jurisdictions (including Supreme Court) and before the European Court of Justice;
- assisting and defending clients in relationships with trade unions and before national and international arbitration panels;
- defence strategy and coordination of litigation activity in cooperation with local colleagues in all the foreign jurisdictions.