Italian Antitrust authority opens an investigation against a social media company
In a press release issued on 21 March 2023, the Italian Antitrust Authority (“AGCM”) has announced the initiation of an investigation against a well-known social media company regarding the reported existence of videos of young people adopting self-harming behavior.
The AGCM has good reason to believe that adequate monitoring systems have not been adopted to supervise the content published by third parties, according to the diligence standards, and that the Guidelines for the removal of dangerous content were not applied. The Authority also plans to verify the functioning of the algorithm behind the application and the possible influence of users, based on profiled content.
Source: AGCM Official Website
AGCM shuts down websites for non-delivery of products sold online
The AGCM adopted a precautionary measure against two e-commerce websites, following several reports from consumers complaining that they had not received products, refunds or even just assistance, after having purchased them.
After carrying out investigations and after analysing the consumers’ reports, the Authority announced the opening of the preliminary investigation procedure and the related precautionary sub-proceeding in light of the dangerous nature and the actuality of the unlawful conducts, whereby the AGCM proceeded to inhibit access to the websites.
Source: AGCM Official Website
EUR 550 million for ecological and digital transition projects
Start-ups and small and medium-sized enterprises can access EUR 550 million in European resources included in the PNRR, submitting projects concerning the ecological and digital transition.
The European resources come from two different funds (‘Green Transition Fund’ and ‘Digital Transition Fund’) and aim to stimulate the growth of the national economy through venture capital investments.
The projects should focus, on the one hand, on green transition including, for example, renewable energy, sustainable mobility, energy efficiency, and, on the other hand, on digital transition using artificial intelligence, cybersecurity, fintech or blockchain.
Source: Ministry of Enterprise and Made in Italy Official Website
The Supreme Court rules on the rules of evidence of trademarks
In its decision no. 6530 of 3 March 2023, the Italian Supreme Court held on the issue of the rules of evidence relating to trademark revocation for non-use.
In particular, the Supreme Court held that the rules of evidence, as of today, works differently depending on the formulation of Article 121 of the Industrial Property Code with regard to the amendments introduced by Legislative Decree No. 15 of 2019. Under the new regulatory framework, the burden of proof of the trade mark’s use on the entire national territory no longer lies with the plaintiff, but with the owner of the distinctive sign.
Source: DeJure
The Supreme Court rules on copyright on employee inventions
With judgment no. 3013 of February 2023, the Civil Cassation, Section I, ruled on the interpretation of Article 64 of Legislative Decree no. 30 of 2005.
In particular, the Supreme Court ruled that the rights arising from the employee’s invention automatically entitle the employer, both in the case of service inventions covered by the contract, and in the case of company inventions where the employee’s performance is not aimed at achieving an inventive result.
Source: DeJure
New Whistleblowing platform launched
The AGCM launched its own whistleblowing platform, available at https://www.agcm.it/servizi/whistleblowing, following the guidelines of the European Commission and several national competition authorities.
The platform allows individuals to release information on distortion of competition without revealing their identity, via an encrypted system.
The aim is to strengthen the fight against unlawful conduct that breaches competition rules by encouraging the cooperation of those close to companies who are not willing to reveal their identity.
Source: AGCM Official Website
