Paola Gelato

Paola has nearly 40 years of experience as a lawyer and consultant in intellectual property law and related areas, including advertising law, internet law, copyright and unfair competition, as well as in commercial and contractual matters.

Paola works extensively with luxury companies, especially in the field of beauty (high perfumery and cosmetics), fashion and jewellery, but also in the sector of high-quality wines, champagnes, food, food supplements and pharmaceutical products. Paola also assists clients in regulatory aspects relating to these matters.

She represents a large number of Italian and foreign clients, especially French-based multinational companies, both in contentious and non-contentious work. Paola has extensive experience in the enforcement of famous trademarks and EU designs (especially in the luxury industry), patents (particularly in the chemical, cosmetic and pharmaceutical field), along with copyright unfair competition, before the appropriate courts and authorities. She also advises clients on criminal counterfeiting law and on customs procedures, including labelling and CE marking.

Paola has an extensive practice in the negotiation, drafting and revision of all kinds of commercial contracts, including e-commerce and remote work agreements, licensing, sale, franchising and distribution agreements, with a special focus on selective distribution in the luxury goods sector, such as high perfumery, cosmetics, jewellery and fashion.

Over her years of practice, Paola has acquired substantial experience in advertising law, both at a private and public level. This entails enforcing clients’ rights, particularly in the cosmetic, para-pharmaceutical and pharmaceutical, and food/wine sectors, before the Private Advertising Self-Regulatory Authority (the Giurì), and the Central Public Authority (the Autorità Garante) in Italy, which are responsible for misleading and comparative advertising.

Finally, Paola drafts and negotiates for the organisation of prominent fashion shows.

Professional Experience

Paola is a partner based at the Turin office and has worked with the firm since it was founded in 1996.

Education and Teaching

Paola graduated with honours from the University Turin Law School in July 1986. She then gained a post-graduate Masters of Comparative Law at Strasbourg International University.

She is an assistant lecturer in civil law and teaches European law at the University of Turin and is a tutor for the WIPO post-graduate specialisation course on intellectual property. She also teaches at Turin Polytechnic University in IP matters and gives regular lectures in IP and contract law at the University of Genova, Masters Program in Innovation (specifically on know-how, patent licencing and technology transfer contracts).

In relation on selective distribution, in January 2023, she gave a lecture in collaboration with Unifab (Paris) on EU Regulation 720/2022: “A focus on Selective Distribution”.

She is and has been a frequent speaker at many international conferences in Italy and abroad, including at INTA, where she has spoken on various topics in IP law, such as the criteria for calculating an award of damages for IP rights infringement.

Paola frequently joins other speakers on panels, and in 2021-2023 has spoken on the following topics:

• “The protection of the intellectual heritage of jewels”, Fiera Vicenza;
• “The legal protection of luxury goods and IP rights”, Indicam;
• “Distribution and online sale: which protection really brings IP”, Unifab;
• “The brand as communication company asset and the distribution of cosmetic and perfumery goods online and offline”, Indicam and Cosmetica Italia;
• webinar on “IPR and industrial accelerator patents”, European Smart Textile;
• presentation on IP for cosmetics and cosmetic formulas, protected as trade-secrets and patents, as well as the relevant contracts between luxury and sustainability, in the framework of Milan Beauty Week (September 29, 2023);
• lecture on design reform and eco sustainability in furniture, textile and food packaging, Indicam (Milan Design Week);
• lecture on: “The new design, in view of the European Regulation proposal modifying EU Regulation 6/2002”, Apram Scientific Commission in Paris (October 19, 2023);
• presentation on “Patent Infringement Litigation in Italy” EPI Seminar (Warsaw).

Specifically in the area of wine law, Paola she has given numerous presentations, including: “From bottle to glass: the advertisement around the bottle”, AIDV European Convention (Spain, November 3, 2023).

Professional Affiliations

Paola was admitted to the Bar in 1990 (Turin, Italy).

She is member of APRAM (French association of IP specialists, based in Paris), ECTA, LES, AIPPI, PTMG and AIDV and she actively participates in these associations with written and oral contributions.

Paola is also a member of the expert panel for Unifab (French Association of Luxury Industries) in Italy, and is regularly appointed as a consultant for the Paris Fashion Institute (IFNM), Union des Industries Textiles (UIT), the French Lingerie Federation and the Federation de la Couture.

Publications and Recognition

Paola is a published author for various national and international law reviews, on a wide range of topics in intellectual property and advertising, as well as in contract law matters, including:

• “First note on EU Regulation 720/2022 and consequences in the matter of selective distribution ” published in 2023, on Industrial Right Review, n. 2/2022.
• “Lettre d’Italie - La Propriété intellectuelle à l'épreuve des nouvelles technologies et du digital: quelles conséquences pour les titulaires de marques (en particulier notoires) ?” - published on Propriétés intellectuelles, on April 2022, n. 83.
• “Le contentieux en matière d’appellation d’origine en Italie”, published on 2022 - Des appellations d’origine aux indications géographiques – cent ans de protection de l’origine et de la qualité.
• The Essentials of Pharmaceutical Trademarks in Italy, published on Lexology GTDT, 2022.
• Book Review, “Luxury Wine, a status between marketing and intellectual property”, published on Jus Vini, Journal of Wine & Spirits Law, n. 2 , 2021.
• “The matter of Geographical Indications and Designations of Origin in the Wine Field: Italian and European Perspective”, published on Wine Law, 2021.
• “IP Licensing Contracts in Italy – Royalty Rate Determination and Dispute Resolution Clauses” published on GRUR International, 2021, 1–12.
• “New Code, new options”, published on ITMA in 2020.
• “Selective distribution in Italy: a new effective weapon for an enhanced protection of reputed brands against online platforms and risk of trademark’s dilution”, published on CITMA review, February 2020.
• “Le nouveau paquet marques: première lecture de la transposition en Italie de la Directive 2436/2015”, published on Propriété Industrielle, January 2020, n. 1.
• “Les nouveaux défis d’internet”, published on Propriété Industrielle, July-August- 2018, n. 7-8.

“For multi-faceted briefs with unfair competition threads, Paola Gelato is an excellent choice.”
WTR 1000 Italy 2024

“Contentious and commercial ace Paola Gelato brings extensive legal and regulatory know-how to the table. Though Gelato is regularly enlisted by a range of industries, she has cultivated a loyal following by prominent names in the pharmaceuticals field.”
IAM Patent 1000 Italy 2024

Passions and Interests

Paola loves gardening, swimming and reading.