Italy

Overview

UP 

Yes

UPC 

Yes

Status of ratification

Yes. Italy ratified the UPC Agreement on 10 February 2017, becoming the 12th country to do so.

Local or Regional CFI 

Local. There may also be opportunity to establish a Regional Court in Italy, which might handle the proceedings concerning smaller, nearby countries e.g. the Balkan countries.

Location/Venue of CFI

Milan. It will be located on the 2nd floor of the new Milan Courthouse: Via San Barnaba 50, Milan.

Judges 

Two national judges and one judge from the pool.

Languages 

Italian and English.

UP/UPC implementing legislation

The Bill no. 2524 on ratification of UPCA approved by the Italian Senate on 18 October 2016 also contains rules which have been inserted in the Italian IP Code ("IPC") concerning contributory/indirect infringement and patent infringement exceptions. These rules appear to refer to the text of Article 26 UPCA related to the "Right to prevent the indirect use of the invention."

Other UP matters of interest 

Italian Law of November 3, 2016, no. 214 ratifying the UPCA (published in the Official Gazette no. 275 of November 24, 2016).

Bill no. 2524 of 18 October 2016.

EU Decision no. 2015/1753 of September 30, 2015 on confirming the participation of Italy in enhanced cooperation in the area of the creation of unitary patent protection.

Italy signed the Protocol on Privileges and Immunities in June 2016 and signed the UPC Agreement's Protocol on provisional application in February 2017.

Related links

http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2015.256.01.0019.01.ENG

http://www.senato.it/japp/bgt/showdoc/17/DDLPRES/988807/index.html

Twobirds contact 
Giovanni Galimberti, Linda Brugioni