IP Handbook - Home
The comprehensive guide to the world's leading tax firms

At-a-glance: Italian Patent and Trademark Office 19, via Molise, 00l87 Rome Tel: (39) 06 4705 5616 Fax: (39) 06 4705 5635 Email: dglc-uibm.segretaria@sviluppoeconomico.gov.it Website: www.uibm.gov.it Service III - Copyright and supervision over... [more]

Italy has, along with Spain, opted out of the unitary patent. But while many expect both of them to join up sooner or later, the fact remains that there is still plenty going on at a national level in Italy to distract from events at a European level.

Firstly, it is still a volatile market, with clients tightening their belts to an even greater degree: "There is fading engagement from clients. They are more cost-conscious, and there is a strong cost leverage to everything," says one lawyer, while another sums up: "The overall situation, the economic situation, is not great."

More optimistic partners point to some positive trends: "Mechanical work is down, but overall patent work is growing. Not strongly, but it is still growth," says one attorney. Although contentious patent work remains steady, there is always one source you can rely on: "Companies are cutting costs, but are keen to litigate on pharmaceuticals. They litigate on active ingredients."

Trade mark disputes have suffered more than most, in part due to a change in the law that allows attorneys to take a bite out of what had been exclusively lawyers' work: "Trade mark litigation is down. This is due to the crisis, and the introduction of oppositions."

Not that this reduction is reflected in the number of IP courts, which have increased this year. Taking into account the regional courts, the new business courts in Italy will also have divisions capable of hearing IP cases. Despite looking like a positive development, some practitioners feel a juggling of the resources already deployed would have been more beneficial.

"I think 50% [of IP cases] go to Milan, 20% to Rome and 15% to Turin. Milan is overwhelmed with work, but it has the same number of judges as Bologna!" comments one partner.