Donato Nitti

Education

J.D., magna cum laude, University of Florence, Faculty of Law, 1994.

Ph.D., Private Comparative Law and EU Private Law, University of Macerata, 2009.

From 1995 to 2002 assistant of Private Comparative Law at the University of Florence, Faculty of Law.

From 2003 assistant of Private Comparative Law at the University of Siena, Faculty of Law.

Practice

Donato Nitti was admitted to the Bar of Florence, Italy, in 1998.

His practice focuses on intellectual property law, especially patents, trade secrets and copyright (software), on international commercial law, mainly patents and software licenses and distribution and sale contracts, and on corporation law.

Among his clients, current and past, are Italian and foreign private and public companies, public bodies, banks and financial institutions, and non-profit organizations

In his practice, Mr. Nitti follows inventors, university researchers and other IPR owners and licensees in the exploitation and protection of their rights, in the negotiation of their contracts (e.g. non-disclosure agreements, licenses, assignments, joint venture agreements) and in judicial proceedings and arbitrations.

In the field of distribution, Mr. Nitti mainly deals with international distributorship agreements, international and national commercial agency agreements and international sales of goods contracts. Mr. Nitti is also knowledgeable of FIDIC Conditions of Contract and of various ICC Contracts.

For his clients, Mr. Nitti has followed negotiations and contracts with various countries such as the United States, Mexico, Brazil, Spain, Portugal, UK, Ireland, Sweden, Finland, Austria, Latvia, Lithuania, Estonia, Czech Republic, Croatia, Slovenia, Turkey, Russian Federation, Morocco, Tunisia, Republic of South Africa, UAE, Qatar, India, China, Japan, Thailand, Australia and others.

Mr. Nitti is counsel in the fields of intellectual property law and international commercial law of an important trade union and collaborates with the Chamber of Commerce of Florence as teacher in seminars and conferences.

He has been member of arbitral tribunals in proceedings related to patent licenses, sales of shares and action for liability of corporation board members.

Mr. Nitti has represented his clients in front of a large number of Italian courts in many proceedings in the field of intellectual property and national and international contracts.

He is mediator enrolled in the Organismo di Conciliazione di Firenze (a private body registered as n. 37 in the Register, held by the Ministry of Justice, of the bodies appointed for the administration of the mediation service, art. 38 D.Lgs 17 January 2003 n. 5).

Mr. Nitti is a member of the Scientific Committee of the Foundation for the Professional Training of the Bar of Florence.

Publications (in Italian)

“Consumers, Competition and Class Actions,” in G.Conte e V.Vigoriti (eds.), Justice and Future. Collective Actions for Compensation of Losses and Mediations (Giappichelli, 2010).

“The Legal Profession in England,” in A. Berlinguer (ed.) The Legal Profession. Comparison of Models” (Giuffré, 2008), 97.

“Authorisation and Limitations on Services in the Internal Market: the Overriding Reason of Public Interest,” (2007) Contratto e Impresa/Europa, 1050.

“Leveraged buy-out: Comparison of Experiences,” in A. Berlinguer (ed.), Financing and Internazionalition of Business, (Giappichelli, 2007) 275.

“Commercial Agents: the Indemnity After Contract Termination. Note of ECJ case n. C-465/04,” (2006) Altalex.com.

“How the English Legal Profession is Changing: Starting Points for the Italian Debate,” (2006) Contratto e Impresa/Europa, 280.

“Recognition and Enforcement of Foreign Arbitral Awards,” (2005) Contratto e Impresa/Europa, 106.

Designs and Copyright in the Directive 98/71/EC,” (2003) Contratto e Impresa/Europa, 1123.

The Opinion of the Arbitral Award in English Law,” (1995) Rivista dell’arbitrato, 561.

The registration of software,” (1995), Computer Programming, n. 35, 20.

Speeches

“The FIDIC Contracts, Confindustria Firenze, 15 and 16 December, 2010.

“The IPR Regime under the Seventh Framework Programme of the EC for Research, Technological Development and Demonstration Activities (2007-2013)”, Chamber of Commerce of Macerata, 25 November, 2010.

“The Protection of the Inventions Through Trade Secrets and Patents. The Means of Judicial Defence”, Chamber of Commerce of Macerata, 28 October, 2010.

“The Defence of Intellectual Property in the start-ups”, Festival della Creatività, Florence, 24 October , 2010.

“The Contract of Commercial Agency”, seminar of 8 hours, Confindustria Firenze, 19 and 26 October, 2010

“The Defence of Intellectual Property in the start-ups”, PST-BIC, Leghorn, 4 October , 2010.

International Contracts: Rules, Negotiation, Paradigms,” seminar of 16 hours,  Autostrade Tech, Florence, 12-21 April, 2010

The Protection of Software,” Chamber of Commerce of Florence, 26 March 2010.

The Rules For Made in Italy,” Confartigianato Firenze, 7 October, 2009.

The Free Movements of Goods, the Rules of Origin and Made In…,” Chamber of Commerce of Florence, 22 September, 2009.

The Protection of Intellectual Property in Start-ups,” FlorenceIN Ass’n, Bagno a Ripoli, 14 September, 2009.

Contractual Issues about Intellectual Property in the7FP: the Consortium Agreement and the Grant Agreement,” Consiglio Nazionale delle Ricerche, Pisa, 25 June 2009.

The IPR Regime Under the Seventh Framework Programme of the EC for Research, Technological Development and Demonstration Activities (2007-2013,)” Consiglio Nazionale delle Ricerche, Pisa, 25 June 2009.

The Rights of the Client Concerning Trademarks and Design. Made in Italy,” Confartigianato Firenze, 12 May 2009..

The EU Rules on Renewable Energy Among Sustainability, Safety and Competitiveness,” Chamber of Commerce of Florence, 2 April 2009.

The Freight Transportation Contract: Between Freedom of Competition and Regulations,” Chamber of Commerce of Florence, 13 December 2008.

The Protection of the Prototypes,” Florence Technology, 24 October 2008.

Class Action and Antitrust: a Possible Legal Transplant on the Behalf of Consumers?,” Chamber of Commerce of Venezia, 19 May 2008.

The Precautionary Means of Protection Against IPR Infringements,” Chamber of Commerce of Florence, 14 February 2008.

The Leveraged Buy-out,” Chamber of Commerce of Siena, 15 May 2006.

The Industrial Property Code: History, Functions and Means of Protection Against Infringements,” Arezzo Bar Ass’n, 28 March 2006.

The Industrial Property Code and the Means of Protection Against Infringements,” Chamber of Commerce of Florence, 23 November 2005.

The New Code of Industrial Property: General and Procedural aspects,” Pistoia Bar Ass’n, 23 June 2005.

Conference Introduction: “The New Code of Industrial Property,” Avvocatura Indipendente Ass’n, Florence, 13 June 2005.

The Leveraged Buy-out,” Chamber of Commerce of Siena, 7 May 2005.

Conference Introduction:”The Self-employed Project Contract,” Avvocatura Indipendente Ass’n, Florence, 6 March 2005.

The Recognition and Enforcement of Foreign Arbitral Awards,” Chamber of Commerce of Siena, 26 November 2004.

The Recognition and Enforcement of Foreign Arbitral Awards,” Chamber of Commerce of Cagliari, 18 June 2004.

The Design of Public Works in the Merloni Law and Regulation,” Comune di Montecatini Terme, 4 May 2002.

Experiences of the Counsel Committee for the Control of Public Bodies Participating in the Municipality of Florence,” Comune di Venezia, 26 June 2001.

The Administrative Proceeding in Urban Planning and Housing,” Comune di Arezzo, 23 September 2000.

Forthcoming:

The Protection of Intellectual Property in the Start-ups,” ToscanaIN Ass’n, Livorno, 4 October 2010.

The Commercial Agency Contract”, seminar of 8 hours, Confindustria Florence, 19 and 29 October 2010

The Protection of Inventions Through Trade Secrets and Patents. The Means of Judicial Protection,” Chamber of Commerce of Macerata, 28 October 2010.

The FIDIC contracts”, seminar of 8 hours, Confindustria Florence, 23 and 24 November 2010

The IPR Regime Under the Seventh Framework Programme of the EC for Research, Technological Development and Demonstration Activities,” Chamber of Commerce of Macerata, 25 November 2010.

Memberships

A.I.P.P.I. – Association Internationale pour la Protection de la Propriété Intellectuelle – Italian Group (www.aippi.it).

ToscanaIN (Secretary of the Steering Committee) (www.toscanain.org).

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