Italy: infringers hit with high damages at IP courts while enforcement remains robust at the border

Italy: infringers hit with high damages at IP courts while enforcement remains robust at the border

This is an Insight article, written by a selected contributor as part of WTR's co-published content. Read more on Insight

Contrary to common belief, the Italian legislative instruments against IP infringement are quite effective..,

In 2003, specialised IP divisions were set up in 12 existing courts, and this was later increased to 21. Since 2014, cases involving foreign companies have been concentrated in nine of these courts (Milan, Turin, Venice, Genoa, Rome, Naples, Bari, Cagliari and Catania). These divisions have exclusive competence over civil actions relating to trademarks, patents, designs, copyright and unfair competition. Further measures to improve the efficiency and training of specialised divisions judges and to introduce specialisation for criminal judges are currently under discussion.

The 2005 Code of Industrial Property, extensively amended in 2010 and again in 2023, brought together the principal laws relating to IP matters. These expressly include unregistered trademarks, trade secrets and appellations of origin as IP rights, with two exceptions:

the main criminal provisions, which are contained in the Criminal Code, as amended and improved in 2009.