Lawsuits can take place before the judicial authorities (court litigation), or before Special Authorities (for example, the Jury of Advertising Self-Regulation), or they can be carried out directly by the parties (non-court litigation).
We assist our clients in all extra-judicial and judicial Italian and foreign venues and, according to the client's specific interests, provide the best advice on the opportunity to act before the court and on how to do it.
Lawsuits relating to industrial and intellectual property are carried out mainly in a civil seat. As of July 1, 2003 in Italy they must be proposed in the 12 specific Sections Specialized in Industrial and Intellectual Property established at the Courts and Courts of Appeal of Turin, Genoa, Milan, Venice, Trieste, Florence, Bologna, Rome, Naples, Bari, Catania, Palermo.
Trial proceedings are carried out before the Tribunal, appeals are carried out before the Court of Appeal, legitimacy proceedings are carried out before the Court of Cassation.
The Specialized Sections are competent for controversies relating to national and community trademarks, patents of invention and new plant varieties, designs, utility models and copyrights, as well as for matters of unfair competition interfering with the protection of industrial and intellectual property.
For practical purposes only, it is necessary to distinguish between the suits in the strict sense of the words (or suits of merits) and the precautionary measures, that are usually taken ante causam, i.e. before starting the suit of merits. Fore more information, click on
- ante causam precautionary measures