projects, in particular ambitious ones, require creative and forward looking legal support
we solve legal issues and beyond, by forming teams of professionals with the requisite competence and experience to deal with them and realize our clients’, often complex, projects. Every idea and issue may be multifaceted and each solution calls for a multidisciplinary approach and team work. We seek and find the solutions that our clients are in need of.
launch a comparative advertising campaign
Comparative advertising is a particularly effective tool in all market sectors and to be considered lawful it must meet all of the following requirements:
- it must not be misleading;
- it must compare goods or services that meet the same needs or intended for the same purpose;
- it must objectively compare one or more material, relevant, verifiable and representative features of those goods and services at hand;
- it must not generate confusion on the market between competitors or between the trademarks or distinctive signs of competitors;
- it should not cause discredit nor should it denigrate trademarks or other distinctive signs, goods or services of a competitor;
- for products bearing a designation of origin, it must relate to products with the same designation;
- it should not take unfair advantage of the reputation of the competitor’s trademark(s), trade name or other distinctive signs;
- it should not present a good or service as an imitation or replica of goods or services bearing a protected trademark or other distinctive signs.
entrust the execution of the urbanization works with costs deduction
In the context of the realization of real estate initiatives, the contractor – in accordance with the Municipality – often assumes the task of executing the works of urbanization (primary or secondary) deducting the costs owed to the Administration. In such cases, if the contractor entrusts the execution of the works and/or related services to companies and/or third parties, it operates as a contracting entity. It is therefore necessary to ensure full compliance with the applicable provisions of the Public Contracts COde. The contractor must:
- identify the type of work to be performed;
- verify whether the works are functional to the intervention of urban development of the district;
- determine if and which are the applicable provisions to the performance of the entrustment operations;
- calculate the exact amount of the works that will have to be deducted (in particular, in accordance with the indications provided by in the ANAC guidelines);
- identify the applicable procedure among those provided by in the Public Contracts Code;
- verify full compliance with the regulations on health and safety in the workplace;
- appoint the professionals provided for by in Legislative Decree 81/2008;
- coordinate with the public administration for the execution of the tender, the signing of the contract and the execution fo the works and services until the testing phase of the project starts.
protect confidential information
Confidentiality and protection of classified information, know-how and trade secrets is fundamental for every small or big business.
Here are indicated some organizational security measures in order to protect confidential information:
- access to confidential information and trade secrets shall be allowed only to personnel on a need to know basis;
- adoption of internal guidelines and policies on confidentiality of the information;
- always mark documents as “confidential”, “classified” or similar;
- adoption of physical and technological security measures for access to documents containing confidential information or trade secrets;
- execution of a non-disclosure agreements (“NDA”) in case of sharing confidential information with any third-party, in which such information is specifically identified as confidential and its use is strictly limited for the scope of the agreement.
protect a trademark
In a modern economy, trademarks are the most direct form of contact to guide potential customers towards a company. For this reason, it is essential to identify your trademark and protect it in the most efficient way. Here are the basic steps to follow:
- Determine what sign to register as a trademark and the classes of goods and/or services you want to associate your trademark with;
- Make sure that the sign:
- is not deceptive about the characteristics of the company or its products;
- does not contain elements contrary to the law or morality;
- is sufficiently distinctive in relation to the goods and services marketed by the company;
- On the basis of the territory of the business activity, decide whether to apply for protection at national or European level or even in countries outside of the European Union;
- Carry out a search in order to verify that – for the same goods or services – no identical or similar trademarks have been registered;
- Proceed with the registration of the trademark at the UIBM (for Italian national trademarks), at the EUIPO (for European trademarks) or at the competent office of the foreign country where you intend to proceed with the registration;
- If you intend to register the trademark internationally, it is also possible to refer to the so-called Madrid System (involving 123 countries worldwide) and proceed to an international extension of an existing national trademark through the World Intellectual Property Office.
involve an influencer in a marketing campaign
The involvement of influencers in promotion of brands, products and services is a powerful marketing strategy.
Hiring an influencer requires a specific contract, which shall include, at least:
- the authorization to use the influencer’s image and name;
- the authorization of the influencer to use the content that she or he will create and publish for the campaign;
- indications of the content that will be created and published for the campaign;
- the obligation for the influencer to include in posts, stories, videos the proper tags and hashtags in order to allow the general public to understand the promotional nature of the contents;
- exclusive rights;
- indication of forbidden behaviours that the influencer shall not adopt, and of events in which he or she shall not be involved under penalty of termination of the contract.
run a company in compliance with Legislative Decree no. 231/2001
Legislative Decree 231/2001 introduced into the Italian legal framework the administrative liability of companies in the event of the commission – in their interest and/or to their advantage or benefit – of certain crimes expressly referred to in the Legislative Decree 231/2001 by top management or employees. In order to exclude or limit the liability of companies, it is appropriate for companies to adopt an Organisational Model (the so-called “231 Model”). To this end, companies must:
- analyse the risk areas in relation to 231 crimes;
- adopt a 231 Model and ensure that it is constantly updated;
- adopt internal procedures and policies in order to minimise risks and prevent the commission of 231 crimes;
- provide for specific methods of access to the company’s financial resources;
- appoint a supervisory body and provide for mandatory and constant information flows between the surveillance body and the company;
- introduce a system of disciplinary measures that specifically sanctions all the violations of the 231 Model;
- constantly monitor the need to update the 231 Model in accordance with the relevant changes within the company or the legislative changes.