Italy’s Council of Ministers approves amendment of IP Code to implement unitary patent and UPC system

Italy’s Council of Ministers approves amendment of IP Code to implement unitary patent and UPC system

22 November 2018

The Italian government’s Council of Ministers announced in a press release on 20 November 2018 its approval of a Legislative Decree to adapt national legislation to the provisions of the Unitary Patent Regulation (EU 1257/2012) and the Unified Patent Court (UPC) Agreement. The government was delegated the power to do so pursuant to Article 4 of Law 25 October 2017, n. 163, that power to be exercised within 12 months of the Law’s entry into force – which was 21 November 2017. The Legislative Decree amends the Industrial Property Code to introduce unitary patent protection and related provisions and also to provide for the jurisdiction of the UPC.

The Industrial Property Code has already been amended to include provisions on indirect infringement (provided for by the UPC Agreement); that amendment was made by Law 3 November 2016, n. 214, which also authorised the President to ratify the UPC Agreement (and amended legislation to exclude actions provided for by the UPC Agreement from the competence of Italy’s IP specialised courts). These further amendments made by the Legislative Decree will complete Italy’s legislative preparations for the unitary patent and UPC system. Italy ratified the UPC Agreement and signed the Agreement’s Protocol on Provisional Application in February 2017, and ratified the UPC’s Protocol on Privileges and Immunities in April 2018. The Italian Ministry of Justice announced in 2016 that a local division of the UPC will be in Milan (in an existing court building at via San Barnaba 50).

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