European Judges coming from 27 countries gathered at Alicante for the Symposium held from 21-23 October. In the agenda, inter-alia, the concept of bad faith and the first preliminary ruling of CFI regarding the Community Design Regulation.
The Court of Venice was represented by the judge Maria Antonia Maiolino who delivered a speech on the notion of bad faith in the practice of a national court, with particular reference to the Italian case Valigeria RONCATO. This issue is particularly up to date since lately Court of Justice for the first time has taken a position on the concept bad faith of the applicant before theregistration date (C- 529/07, 11 June 2009, Chocoladenfabriken Lindt & Sprüngli, see my spot on the Fighting bunny, 31 August 2009).
The debate was very intensive and I have also the chance to present my interpretative proposal on bad faith within the frame of the Community trademark law ( see my spot on PANORAMA CASE and my latest article on the subject : La mala fede del richiedente il marchio comunitario, in Il Dir. Ind., 2009 )