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Italy - Implementation of GATT-TRIPS

Italian patent law has been modified to comply with the GATT TRIPS agreement with effect from April 16, 1996. Few changes were required, but the following are of interest:

1) provision is made for protection of "industrial secrets" if these have commercial value and are not generally known to experts and persons in interested circles;

2) the burden of proof is reversed in trials of a claim for infringement of a process patent if the product is new or there is a high probability that the product was made by an infringing process and the plaintiff cannot discover the actual method used by reasonable efforts;

3) importation into Italy of a product manufactured in any WTO-member country will be regarded as being sufficient to comply with the working requirement of Italian patent law so as to prevent the grant of a compulsory license; and

4) changes are made in the procedure for patent litigation to make it easier to obtain certain types of evidence relating to infringement and to interim relief.

In a related change applying to design protection, provision is made for payment of renewal fees annually instead of on a quinquennial basis if the owner of the registration so desires.

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© Copyright 1997 Ladas & Parry - Posted 8/17/96
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