Intellectual Property · Cross-Border Desk

Your rights cross borders. We negotiate across them.

Copyright, trademark and IP representation for rightsholders and users facing disputes across Italian, European and international jurisdictions. Settlement-first strategy, litigation when it matters, always in fluent English.

IPR Gorilla 2022 Emerging IP PlayerAgenda Digitale contributorWMF speaker
The Practice

A digital-native IP practice, not a retrofit

This practice was founded on digital copyright, AI Act compliance and platform liability, not a traditional IP firm adapted to the internet era. Cross-border disputes between European and North American counterparts are handled directly, in English, without intermediaries.

Most IP disputes close before litigation. A well-argued letter, correctly citing both jurisdictions, saves years and tens of thousands in costs. When litigation is unavoidable, we are ready for it.

Cross-border IP and copyright negotiation
Critical · Before you respond to any demand

Cross-border IP disputes turn on which law applies, and to whom.

A cease-and-desist letter from the US, Canada or the UK invokes the sender’s law, but enforcement against an Italian or EU resident plays out under Italian procedure and EU directives. Art. 70 of Italian Law 633/1941, Section 29 of the Canadian Copyright Act, US fair use and the EU InfoSoc Directive all sit on the same table. Responding in your own words, without calibrating to both legal frameworks, is the fastest way to concede ground that would not otherwise be lost. Before replying, let us read the letter.

Why Work With Us

Four reasons clients choose this desk

01

Cross-border negotiation

A track record of resolving IP disputes between European and North American counterparts, directly, in English, without intermediaries.

02

Settlement-first strategy

Most IP disputes close before litigation. A well-argued letter, correctly citing both jurisdictions, saves years and tens of thousands in costs.

03

Digital-native practice

Founded on digital copyright, AI Act compliance and platform liability. Not a traditional IP firm retrofitted for the internet era.

04

Recognized expertise

IPR Gorilla 2022 Emerging IP Player, Agenda Digitale contributor on AI and copyright, speaker at WMF and Royal Holloway London.

Scope of Practice

IP and copyright matters we handle

01

Copyright Disputes & Infringement

  • Cease-and-desist letters and settlement negotiation
  • DMCA notices and counter-notices on US platforms
  • Online infringement, takedown and hosting liability
  • Music, publishing and photography claims
  • Educational and fair-use defenses (Art. 70 L. 633/1941)
02

Trademark Registration & Protection

  • Italian (UIBM), EU (EUIPO) and international (WIPO/Madrid)
  • Nice classification strategy across classes
  • Opposition, cancellation and invalidity proceedings
  • Licensing and coexistence agreements
  • Anti-counterfeiting and unfair competition (Art. 2598 c.c.)
03

AI, Platforms & Digital Rights

  • AI Act and Italian Law 132/2025 compliance
  • Training data, scraping and text-and-data mining
  • AI-generated works and authorship questions
  • Digital Services Act and platform liability
  • Content moderation, takedown and restoration disputes
04

Cross-Border Negotiation & Licensing

  • IP settlement agreements across jurisdictions
  • International licensing, assignment and work-for-hire
  • Collective licensing (SIAE, Patamu, alternative bodies)
  • Publishing, music and audiovisual rights clearance
  • Choice of law and forum selection strategy
Dispute Handling

How we resolve a cross-border IP dispute

  1. 1

    Forensic review of the claim

    Map the opposing party’s arguments against both jurisdictions. Identify what they actually have, what they are asserting, and what falls away under scrutiny.

  2. 2

    Defensive position and valuation

    Build the affirmative defenses (fair dealing, quotation, non-infringing use, lack of originality) and set a realistic settlement range anchored in both legal systems.

  3. 3

    First response, rights reserved

    A measured opening letter that disputes the weak points, concedes nothing, preserves all defenses and signals willingness to resolve without admitting liability.

  4. 4

    Negotiation and counter-offers

    Iterative exchanges narrowing the gap. Most cases close here, typically at a fraction of the opening demand and always without admission of wrongdoing.

  5. 5

    Settlement agreement

    Bilateral release, payment terms and future-conduct clauses, drafted to be enforceable under the applicable law and protective of both sides.

  6. 6

    Litigation, if it becomes necessary

    When the other side will not negotiate reasonably, proceedings before the competent Italian court or coordination with local counsel in the relevant jurisdiction.

Track Record

Cases we have closed

Real dispute categories from the practice. Details anonymized where confidentiality applies.

Rightsholder side

Protecting what you own

Representation of creators, publishers and tech companies enforcing their IP portfolio.

  • Photography infringement: recovery of licensing fees from unauthorized online republication
  • Trademark opposition and infringement: UIBM and EUIPO proceedings
  • Music licensing disputes with collective rights organizations
  • Anti-piracy takedowns across major hosts (DMCA, EU Copyright Directive)
  • AI training data: demands against unlicensed use of protected works
Defense side

Defending against a demand

Representation of individuals, small publishers and creators facing IP claims from larger counterparts.

  • Music publishing claims (Canada–Italy): educational-use defense, settlement at a fraction of the demand
  • Stock photography claims (US–Italy): goodwill settlements without admission of liability
  • Cease-and-desist from US and UK rightsholders: response preserving Italian and EU defenses
  • Trademark cease-and-desist: coexistence agreements and scope narrowing
  • Platform strike appeals: content restoration via counter-notice

Receiving a cease-and-desist triggers two instincts: pay whatever is asked, or ignore it. Both are wrong. The calibrated third path closes the large majority of IP disputes at a fraction of the opening demand, without court and without admission of liability.

Who We Represent

Rightsholders and users we act for

Creators & authors

Writers, photographers, musicians, designers and filmmakers enforcing or defending their rights.

Tech & media companies

Digital businesses, platforms and startups navigating copyright, trademark, AI Act and DSA compliance.

Publishers & labels

Italian and international publishers, music labels and production houses managing catalogues and licenses.

Foreign rightsholders

US, UK, Canadian and EU counterparts needing representation before Italian courts or against Italian residents.

FAQ

Questions rightsholders ask before they respond

I just received a cease-and-desist letter from abroad. What do I do?
Do not respond in your own words before the letter has been assessed. A cease-and-desist from a US, UK or Canadian rightsholder invokes that country’s law, but enforcement against an Italian resident plays out under Italian procedure and EU directives. Responding without calibrating to both legal frameworks is the fastest way to concede ground that would not otherwise be lost. Common mistakes include apologizing or admitting facts that were not proven, offering to pay amounts the sender could not enforce, undermining available defenses, and missing short response deadlines. Forward the letter and we will provide a reading and a response strategy within one business day.
How are most international copyright disputes resolved?
The large majority close through negotiated settlement, not litigation. A well-argued first response disputes the weak points of the opposing claim, preserves all defenses available under the applicable laws, concedes nothing on liability or facts, and opens a settlement window without admission of wrongdoing. The typical outcome is resolution at a fraction of the opening demand. Litigation is the path when the other side refuses to negotiate reasonably, the exception, not the default.
Do you register trademarks in Italy, the EU and internationally?
Yes, through three complementary systems: UIBM, the Italian Patent and Trademark Office, for Italy; EUIPO for unitary protection across all EU member states; and the Madrid System (WIPO) for international extension to selected countries. Nice classification strategy is critical. We select the right classes and specific terms, verified on TMclass against the accepted terminology of the target office, before filing, so the scope covers the actual business activity without unnecessary overbreadth.
How long does trademark registration take and what does it cost?
In Italy, in the absence of opposition, the procedure takes 6–12 months: 1–2 months of formal examination, 2 months of publication during which third parties can oppose, then grant and registration. Official fees are approximately €200 for the first UIBM class and €40 per additional class; EUIPO is around €850 for the first class on online filings; the Madrid System varies by designated country. Professional fees are separate and confirmed in writing before filing.
My work was used to train an AI model without permission. Can I act?
This is one of the most active areas in current IP law. Multiple frameworks apply: the EU AI Act with its transparency obligations for general-purpose AI providers, Italian Law 132/2025, the text-and-data-mining exception of the EU Copyright Directive (Art. 4) with its rightsholder opt-out, and Italian Law 633/1941. Whether you have a viable claim depends on the nature of the work, the opt-out signals in place when the scraping occurred, the provider’s training data disclosures and their jurisdiction. Each case requires specific analysis before action.
Can you handle the whole dispute remotely if I am abroad?
Yes. The entire matter is managed remotely through digital communication and, where needed, a Procura (Power of Attorney) authenticated at an Italian consulate. All correspondence and draft responses are exchanged in English, with bilingual final versions of settlement agreements where required. Most clients never need to travel to Italy. For court proceedings, physical presence is not required either; the lawyer represents you.
What’s the difference between copyright, trademark and unfair competition?
Three overlapping but distinct regimes. Copyright protects original creative works (text, images, music, code) automatically from the moment of creation, with no registration required. Trademark protects commercial signs (names, logos, slogans) identifying the origin of goods or services, and requires registration for full protection. Unfair competition (Art. 2598 c.c.) covers imitation, confusion and denigration even where no copyright or trademark exists. Many disputes involve two or three of these at once, and the remedy strategy differs for each.
How are your IP legal fees structured?
Fees depend on the matter type. Trademark registrations are fixed-fee, set in writing before filing. Dispute and negotiation work is billed at an agreed rate with a clear scope. Larger matters can be structured as fixed-fee milestones or hybrid success-based arrangements, and retainers are available for ongoing IP portfolio management. An initial consultation clarifies the fee approach in writing before any billable work begins.

Got a letter, a dispute, or a filing to make?

Send the cease-and-desist, the contested registration or the matter you are working on. We respond within one business day with a reading of the position and proposed next steps.