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On 14 December 2022, the Autorità per le Garanzie nelle Comunicazioni (Italian Communications Authority — AGCOM) adopted the new Regulation on programming and investment obligations in favour of European works and works by independent producers, through Resolution No. 424/22/CONS. The regulation further details the provisions contained in Legislative Decree No. 208/2021 (the AVMS Code). The programming and investment obligations for linear audiovisual media service providers are set forth, respectively, under Articles 4 and 5 of the Regulation. Under Article 4 of the Regulation,...

On 30 December 2022, the Italian Supreme Court of Cassation published a landmark decision with regard to the use of parody as an exception to copyright and trademark rights. The case arose in relation to the unauthorised use of the literary character “Zorro” in the context of a commercial. The proceedings underlying this decision date back to 2007, when the claim was originally brought, following the broadcast on television and radio of an advertising campaign launched by “Brio Blu”, a famous Italian water brand, starring an equally famous Italian actor impersonating...

On 15 November 2022 through decision no. 34658/2022 (the Decision), the Italian Court of Cassation confirmed the legitimacy of global delisting/removal orders against search engines. The case originated in 2017 when the Italian Data Protection Authority (Garante per la Protezione dei Dati Personali – Garante) ordered a search engine to delist from its services the URLs that were the object of the proceedings, and also referred to the non-European versions of the same search engine, thereby issuing a de facto global delisting order. The search engine appealed the Garante’s decision...

Through its judgment of 3 October 2022, the Regional Administrative Court of Lazio (Tribunale Amministrativo Regionale per il Lazio – TAR Lazio) annulled the two administrative pecuniary sanctions imposed by the Italian Competition Authority (Autorità Garante della Concorrenza e del Mercato – AGCM) against the Amazon and Apple Groups. Following a complaint received in February 2018, the AGCM opened an investigation against Apple and Amazon on 21 July 2020 concerning the commercial agreement attributing the sale of Apple and Beats products on Amazon marketplace exclusively...

AGCOM has launched the first public consultation in the context of the adoption of the package of regulations to implement the legislation that transposed Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (DSMCD). The consultation concerns the draft regulation for the identification of the reference criteria to quantify the remuneration for the online use of press publications referred to in Article 43-bis of Law of 22 April 1941, no. 633 (Copyright Law). Such provision transposes Article 15 DSMCD, introducing a new, related right for publishers covering the online...