Digital

FASANO is specialized to provide legal assistance in the matters of information & communication technology (ICT), Internet and digital world.

Services cover all necessary operations for the start up of on-line initiatives:

  • drafting ICT related contracts
  • administrative procedures for domain names assignation requests to the International and domestic Registration Authorities for what concerns the country code and geographical Top Level Domain suffix
  • requests for web based business licenses
  • administrative procedures to manage e-commerce business start up
  • planning and implementing business strategy for setting up company in a reliable comfortable jurisdiction.

On-line and web-based business operations requires consideration for all domestic and International legal and technical bonds. The Italian law on ICT and digital may be considered one of the most complete at the European level.

FASANO offers a variety of services covering legal (thanks to experts listed before the Court) needs such as:

  • Electronic Commerce business management according to the legal framework
  • Compliance with technical and normative requirements for secure money transfers and web based payments, including the new discipline relative to “electronic money”
  • Operational, technical and normative aspects for electronic documents, including the technical directives in the circulars of Italian Commission for Informatics in Public Administration (CNIPA)
  • Intellectual Property protection on the web with special regard to web copyright protection and to contrast the abusive electronic diffusion of audio-visual material and to sustain cinema and entertainment’s activities
  • Domain names protection at domestic and International levels: FASANO has represented and defended before domestic Dispute Resolution Centres and before other domain disputes resolution Centres numerous domain names’ rights holders.
  • Computer software programs and electronic database protection, especially concerning the normative bounds and including the administrative procedures at the Italian Copyright Registry (SIAE) for protecting software
  • Fiscal assistance in connection with internet based sale of goods and services involving national or EU and international legislations
  • Drafting ICT related contracts, including electronic contracts, on-line and distance contracts with customers (B2C) and with companies (B2B)
  • Electronic communication services including assistance in Wi-Fi connection matters
  • Data Protection of the parties involved in transactions and safety of the personal information requested to complete negotiations, in compliance with the applicable rules for data processing and circulations and in particular with the Data Protection Code
  • Commercial and advertising activities for web products and services, with special reference to Internet sponsoring and advertising issues
  • Internet based broadcasting technologies, streaming, web-casting, digital platforms, satellite platforms, assistance on Internet services access matters
  • Publishing sector reform, with reference to new multimedia products on the web
  • Assistance in completing all activities in connection with Public Administration on line services
  • Internet banking, on-line trading and on web based financial brokerage, in compliance with Italian Stock Exchange Investigation Board (CONSOB) Communications and with banking rules and regulations
  • On-line auctions and E-procurement
  • On-line Gaming, Gambling and Betting
  • Financial Technology (FinTech) compliance with Italian and European laws
  • Technical and legal issues connected to piracy, viruses, abusive system access, hardware and software damaging

ICANN (Internet Corporation fo Assigned Names and Numbers) is an unique international organization with plenary control over one of the world’s most important resources: the Internet’s Domain Name System (DNS). As a result, its work impacts virtually all users of the Internet, both corporates and individuals.

FASANO, as an digital and domain industry veteran, can closely monitor the developments that are likely to impact a client’s business – whether it’s within the next day or the next year – and advise the client on how best to protect its interests in this ever changing landscape.

Our interdisciplinary team assists companies and governmental bodies in developing their new gTLD strategy and in preparing their applications for new generic Top Level Domains (i.e. dot anything), acronym for new gTLDs, and monitoring the applications.

Based on the published list of applications, we support and assist identifying any significant concerns and developed strategic options for addressing those concerns, whether those concerns are from the perspective of an applicant wanting to ensure that its application is approved and a TLD is launched, to the perspective of a non-applicant, who is concerned that a particular new TLD will adversely impact its rights and/or business and/or community.

FASANO has expertise in vindicating the interests of aggrieved parties in the gTLD and domain name area.

We help you monitoring the new gTLD applications and ICANN developments, developing strategic options meeting your business needs, communicate with stakeholders, negotiating with applicants, preparing objections or other formal intervention mechanisms, navigating ICANN’s rights protection mechanisms (RPMs) regime (including the Trademark Clearinghouse and Uniform Rapid Suspension), or take other appropriate and effective legal action.

Namely, FASANO’s services include:

Assessing Applications and Developing an Intervention Strategy

We will review the list of applications and applicants, and analyze whether and how an application may affect the existing rights of a client, whether because of its brands, existing domain names and trademarks or for other reasons, including a consideration of the potential use of the requested TLD as described in the application. We will assess client’s needs and meet with the client to discuss our analysis and help develop a plan of action for consideration, including recommendations about how to object to or otherwise intervene against an offending application.

Defending Pending Applications

ICANN has developed an elaborate set of dispute resolution procedures for an aggrieved party, depending on the nature and scope of the particular objection.

We will work with applicants who are dealing with objections or potential objections to their applied-for strings. We will help develop a response strategy, given ICANN’s different dispute resolution procedures and constituencies, and, if necessary, assert a defense to an objector’s intervention.

Intervening Against Pending Applications, Negotiating with Applicants or Governments

Conversely, we can help clients prepare an objection (or take other appropriate intervening legal action), using ICANN’s new gTLD framework, ICANN’s general accountability processes, or the jurisdiction of other national or international fora. This includes non-applicant rights holders seeking to insure that their interests are not overlooked by ICANN. And this also includes consideration of the role of the world’s governments in protecting the interest of its constituents. Short of taking formal legal action, we can also assist clients in negotiating with existing TLD applicants or registry operators to ensure a client’s business interests are advanced.

Negotiating and Implementing Contracts

ICANN has published a universal draft template registry agreement for all TLD applicants. FASANO can review that agreement in light of the practical and business and/or social realities of the TLD, negotiate with ICANN (when needed) or other related parties, and assist in the registry agreement implementation process which will include negotiation of additional contracts with third party service providers.

Coordinating TLD Policy Development

FASANO can assist clients in the selection, articulation, and implementation of policies for their registry, including, but not limited to, the eligibility requirements for domain name registrants and domain name registration in the new gTLD, use expectations, privacy interests, and security concerns, including how to prevent and deal with abuse.

Enforcing Rights holders Interests in the Newly Expanded Internet

In response to significant criticism regarding the increased opportunity for fraud and other abuse, ICANN is developing unique additional rights protection mechanisms to attempt to insulate rights holders from this additional exposure. FASANO can assist clients with taking advantage of these programs and enforce their rights in the expanded Internet space.

Attorney: Pierfrancesco C. Fasano.