In the past, Italian courts have regularly dismissed motions for interlocutory (pre trial) declaratory judgements of non infringement in IP cases. The firm belief of the courts was that interlocutory…
The Italian Antitrust Authority (Autorità Garante della concorrenza e del mercato) announced on 26 October that it commenced proceedings against Pfizer following a complaint filed by Ratiopharm…
The amendments of the Italian IP Code introduced by Legislative Decree no. 131 of 13 August 2010 are many and I tend to believe that there is no Italian IP lawyer who is sure to have already counted…
Along with a number of other relevant innovations to the Italian IP Code, last August the Italian legislator eventually passed the long awaited implementation into Italian law of Directive 44/1998/EC…
By Legislative Decree no. 131 of 13 August 2010, which became effective on 2 September 2010, the Italian legislator passed a number of amendments to the Italian IP Code. One of these is new Art. 68 (…
By decision of 29 July 2010, the Italian Supreme Administrative Court (Consiglio di Stato) tackled the difficult issue of whether the Italian drugs regulatory authority (Agenzia Italiana del Farmaco…
By decision of 9 June 2010, the Italian Supreme Court tackled the issue of patent exhaustion in a manner which may give rise to some debate. The case concerned a claim of infringement brought by…
By Legislative Decree no. 28 of 4 March 2010, the Italian legislator introduced obligatory mediation into the Italian legal system. In particular, Art. 5 provides that, as of 20 March 2011, in a…
By a decision of 20 May 2009, the Italian Supreme Court clarified the limits of the so called pharmacy exception contemplated by Italian patent law, according to which the extemporaneous preparation…
In a case involving the US multinational Mars and an Italian producer of rice (Riseria Monferrato), the Court of Appeal of Turin, by decision of 19 November 2008, tackled – one of the few cases in…
