In the recent decision W.F. Gözze Frottierweberei Gmbh, Wolfgang Gözze GmbH v Verein Bremer Baumwollbörse, case C-689/15, the European Court of Justice (ECJ) analyzes an issue which the EUTMR rules do not clearly resolve, i.e. whether or not a licensed EUTM registration may be invalidated if the owner fails to carry out quality controls on licensee/licensees’ products.
The dispute arose between a German cotton textiles industry association (the “Association”) and a towel manufacturer (the “Defendant”). The Association owns a EUTM which is used by its licensees on products exclusively made from good-quality cotton fibers (the “Cotton Flower”).
First of all there is no Trademark Office in Vaticano City but the trademark filed and registered in Italy are enforceable in the Vatican City State.
On October 1, 2008, Pope Benedict XVI, on his own initiative (Motu Proprio), adopted Law no. LXXI (which took effect on January 1, 2009) on the sources of law of the Vatican City State (hereinafter also referred to as “Legge sulle fonti del dirititto” or “LFD”)1, which replaces the previous law on the same matter, i.e. Law no. II of June 7 1929, adopted by Pope Pius XI on the same day that the Lateran Treaty with the Reign of Italy took effect. Apart from the Fundamental Law2, the LFD “must indubitably be considered the most important of Vatican laws, as it rules the entire framework of the legal system of the Vatican State.
The applicability of the Italian law is no longer automatic but it has to be accepted by the Vatican City State, however in art. 12 of the said law there are several subject matters still covered by the Italian law and by expressis verbis Art.12 expressly establishes that the Italian Patent and Trademark Law in force when LFD has been promulgated will be applied.
Therefore in relation to the Vatican City the Italian Trademark law of 2005 is applicable. The subsequent modifications of 2010 are not.
As stated Vatican City has no Trademark Office and therefore the trademarks granted by the Italian Trademark Office will be enforced in the light of the Italian Trademark Law of 2005 also in the Vatican City.
The European Community Trademark Regulation cannot be applicable being the Vatican City State outside the European Union.
De Simone & Partners will be present as a sponsor at the Annual Congress of the International Literary and Artistic Association (ALAI 2017), which will be held 17-20 May 2017 in Copenhagen, Denmark (http://alai2017.org/sponsors-exhibitors-2618 ). The theme of the Congress is: “Copyright - to be or not to be”. Today, the protection of copyright and related (neighboring) rights is as controversial as ever before. It reaches into our everyday activities on the internet and is by many seen as an impediment to the free flow of information, culture and entertainment. The Congress will examine in depth not so much why this protection came about, but in particular which role it plays in modern society. You can look at the full programme at: http://alai2017.org/programme
Fabio Angelini will speak on "EU copyright reform and Digital Single Market" at the 12th Aippi Baltic Conference, in Jurmala, Latvia, on April 11-13, 2017