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

"Italian Law of November 3, 2016, no. 214 (published in the Official Gazette no. 275 of November 24, 2016), ratifying the UPCA, also contains rules which have been inserted in the Italian IP Code (""IPC"") concerning contributory/indirect infringement and patent infringement exceptions, which appear to refer to the text of Article 26 UPCA related to the ""Right to prevent the indirect use of the invention"". However under the new Italian law there is indirect infringement if means relating to an essential element of the invention are supplied in Italy for putting the invention into effect in any country where there is patent protection. Moreover the patent exceptions (private/non commercial use, Bolar, research and galenic exemptions) do not extend to third parties that supply the patent-protected means to the exempted subjects.

By Italian Law of October 25, 2017, no. 163 (published in the Official Gazette no. 259 of November 6, 2017) Italian Government has been delegated to amend IPC, in particular to harmonise it with UP/UPC provisions and to include rules concerning the relation between UP and national patent."

Other UP matters of interest 

"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, then ratified by Italian Law of December 4, 2017, no. 201 (published in the Official Gazette no. 299 of December 23, 2017).
Italy 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, Evelina Marchesoni