Fixed-term contracts can last up to 36 months, including an extension. Quantitative limits are generally set in national collective agreements; Alternatively, the law stipulates that the total number of fixed-term contracts must not exceed the 20% threshold of the permanently recruited workforce. In Italy, there are many national collective agreements and most employers tend to use them. For this reason, an Italian employment contract is usually just a recruitment letter. This letter covers both the points prescribed by law, such as the identity of the parties, the place of work, the beginning of the employment, the trial period (if any), the duration of the employment (in the case of a temporary job), the obligations of the worker and the provisions of the ANCA concerned. If you have purchased anything other than a real store – for example online, by phone or by catalogue – you must receive written confirmation of your transaction. Confirmation should be on paper or in a permanent format like an email or message to your personal account on the reseller`s website – provided it is something you can back up and the trader cannot change unilaterally. The Tribunal found that licensing agreements are generally such that one party grants the use of the mark and the other party agrees to pay an equivalent amount (or provide an equivalent service) in exchange for such use. The fact that the parties exchanged a draft unsigned licensing agreement, in which it was agreed that the taker would pay a certain amount of money for the use of the mark, led the Tribunal to consider that the agreement could not be considered free. It therefore ordered the taker to pay the agreed royalties to the licensee.
He never had a royalty agreement… You cannot receive a fee without a written agreement. Evidence of an agreement must not be registered before the Italian Trademark and Patent Office (UIBM). The only reason to register a license would be to defend against third parties. In other words, the registration of the license agreement does not guarantee the validity of the contract. However, for small businesses or, in rare cases, for large companies, there may be a licensing agreement without written evidence. Under Italian law and practice, if a trademark licensing agreement is not entered into in writing, the parties may present evidence of their existence through other means, including witnesses, facts or presumptions. Rights holders can prove the existence of an unwritten licensing agreement by the following means. Written Terms While a written contract can be proven in many respects, its content is essential for a licensee to act alone against counterfeiters. When a licensee files claims for breach of the licence mark, he or she is responsible for proving the existence of an exclusive licensing agreement.
In the absence of a written contract confirming that the licensee is the licensee and that the trademark holder has granted him the right to sue for the trademark, it may be difficult to act against the infringers. In March 2017, the Milan court found that in the absence of a clear legitimation for the alleged licensee – because he was unable to provide irrefutable evidence of the right to sue (for example, through a licensing agreement) – he was unable. B to bring an action against the alleged offender and that the precautionary complaint was dismissed. In similar cases, it may be useful to submit a statement from the trademark holder indicating that the applicant is a licensee or a document proving an economic link between the licensee and the licensee. Registering the license at UIBM can also be helpful. Recording an unwritten agreement may seem strange, but the IP code offers the ability to record what is called a “licensing statement.” It must be signed by the trademark holder and the licensee and is only used to inform the UIBM of the license.