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Partner Margherita Barié Contact

Practice Areas & Industries:

Intellectual Property

Litigation

Margherita Barié is a partner in CARNELUTTI Law Firm. She is a member of the firm's intellectual property and litigation departments. Her practice focuses on intellectual property and civil dispute resolution, including patent and trademark infringement, unfair competition, protection of know how, copyright, commercial law and related issues.
Margherita acts as counsel in all forms of domestic arbitration and conducts and manages Italian and international litigation in various fields for both Italian and multinational clients.
She won the Client Choice Award 2015 as Best IP (patents) Professional of the Year and the Corporate LiveWire – Global Awards 2015 in the category Cross-border Intellectual Property - Italy.
Margherita is a member of International Association for the Protection of Intellectual Property, Licensing Executives Society and Italian Anti-Counterfeiting Group. She has spoken throughout the country on trademark licensing and IP related issues and is a regular contributor to national and international publications, such as the World Trademark Yearbook and Getting The Deal Through - Trademarks. Margherita is recognized as a dispute resolution and IP expert by Chambers & Partners, The Legal 500, World IP Review Patents & Trademarks, World Trademark Review 1000 - The World's Leading Trademark Professionals Legal Experts - EMEA publication, Legalcommunity and TopLegal. She is also recommended as an expert lawyer in dispute resolution by Best Lawyers 2019. Sources say: ''Margherita Bariè has excellent technical skills, is very focused on the target and gives proof of firmness in pursuing the client’s interests''.
She was admitted to the Italian Bar in 1985 and has rights of audience/representation before the Italian High Court.
Margherita is fluent in English, French, and Spanish, in addition to her native Italian.

  • Representing a major fashion company in various proceedings against the manufacturers of counterfeited perfumes reproducing famous trademarks under the brand ''AUTHOR'S FAKE''.
  • Representing a leading Japanese based automotive group in various judicial actions against unfair competitors and traders of copied products bearing an unregistered, distinctive shape.
  • Representing a major UK based company in the field of special paper and security threads manufacturing in a complex litigation on patent infringement.
  • Representing two clients in proceedings concerning the transfer of a stake in the share capital of an important Italian company operating in the pharmaceutical industry.
  • Representing a major Italian charter and tourism airline in all commercial litigation and proceedings related to aircraft leasing agreements.

IP Law: Protection Tools and Future Outlook: A Comparison of Civil and Criminal Law

February 18, 2020
Margherita Barié was a keynote speaker at First Convention of the Round of Seminars Dedicated to Professionals on New Challenges in the World of Intellectual Property, held in 2020 at Indicam. On November 12, 2019, at the University of Milan, Margherita Barié presented her "Thematic Working Table" on "The Evolution of Distinctive Signs: from Revocation of the Historic Trademark to Co-Branding".

CJEU: ‘electrical energy’ not included in Class 4 of eighth edition of Nice Classification

September 30, 2020
Partner Margherita Barié wrote an article for the international magazine World Trademark Review titled: "CJEU: ‘electrical energy’ not included in Class 4 of eighth edition of Nice Classification", where she commented the Court of Justice of the European Union (CJEU)  judgment in Case C-121/19 between Edison SpA and the European Union Intellectual Property Office (EUIPO). The full article is attached.

General Court provides guidance on assessment of evidence of genuine use

June 24, 2020
Partner Margherita Barié wrote an article for the international magazine World Trademark Review titled: "General Court provides guidance on assessment of evidence of genuine use", where she commented the General Court judgment rendered on May 28, 2020 in Case T-615/18 between Diesel SpA, the European Union Intellectual Property Office (EUIPO) and Sprinter megacentros del deporte SL. The full article is attached.

World Trademark Review

March 25, 2020
Margherita Bariè wrote an article titled "General Court confirms that EUIPO may accept supplementary evidence of use filed belatedly", including three main statements:
  • The EUIPO may accept supplementary proof of use of an earlier mark which has not been submitted in due time
  • The use of a trademark is genuine when it guarantees the identity of the origin of the goods/services for which the trademark is registered
  • The weak distinctive character of the earlier mark does not, in itself, preclude a likelihood of confusion with a later mark
This article first appeared on WTR Daily, part of World Trademark Review, in February 2020. For further information, please go to www.worldtrademarkreview.com.

Terralex Cross-Border Copyright Guide 2019

January 31, 2019
Margherita Barié contributed to the Terralex Cross-Border Copyright Guide 2019 with the Italian Chapter.

World Trademark Review

July 23, 2018
Margherita Barié wrote an article entitled: "General Court: Consumers usually recognise wine by reference to word element", published in WTR Daily.

Multi-jurisdictional Cross-Border Copyright Guide 2018

January 25, 2018
Margherita Barié wrote the Italian chapter of the Terralex Cross-Border Copyright Guide 2018, an effort undertaken by member firms in 21 jurisdictions around the world.

WTR Daily

March 8, 2017

Margherita Barié wrote an article entitled: "General Court confirms invalidity of TOSCORO based on earlier PGI 'Toscano'", published in WTR Daily.

 

Terralex Cross-Border Copyright Guide 2017

February 26, 2017
Margherita Barié contributed to the Terralex Cross-Border Copyright Guide 2017 with the Italian Chapter.

PLC Cross-border Arbitration Handbook

August 16, 2010
Margherita Barié contributed the Italian Chapter of the PLC Cross-border Arbitration Handbook.

PLC Cross-border Arbitration Handbook

August 16, 2010
Margherita Barié contributed the Italian Chapter of the PLC Cross-border Arbitration Handbook.

Trademark Practice & Forms

October 20, 2009
Margherita Barié supplemented the chapter, which they had co-authored in previous editions, on the protection and management of trademarks in Italy for the US publication Trademark Practice & Forms, published by Oceana Publications. This is a detailed two-volume guide to protection of trademarks in jurisdictions around the world.

World Trademark Law Report Yearbook 2007

June 1, 2007
Margherita Barié wrote the chapter on Italian trademark regulation in the World Trademark Law Report Yearbook 2007.

Italian Trademark Regulation

January 1, 2007
Margherita Barié and Pietro Pouché co-wrote the chapter on Italian trademark regulation in Trademarks 2007, published by Getting the Deal Through.

World Trademark Law Report Yearbook 2006

June 1, 2006
Margherita Barié wrote the chapter on Italian trademark regulation in the World Trademark Law Reports Yearbook 2006.

Trademark Practice & Forms

March 1, 2006
Margherita Barié wrote the Italian Chapter of the US publication Trademark Practice & Forms, edited by Oceana Publications.

World Trademark Law Report Yearbook 2005

June 2, 2005
Margherita Barié wrote the chapter on Italian trademark regulation in the World Trademark Law Report Yearbook 2005.

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