Resolve Intellectual Property Disputes in Italy

Updated on Friday 26th August 2016

Rate this article

based on 1 reviews.

Intellectual property is protected by a set of rules and regulations applicable under the Italian law. Italy, a member state of the European Union (EU), has aligned its intellectual property legislation with the directives applicable in the EU. Also, it is necessary to know that the state is a member of the World Intellectual Property Organization (WIPO), which is an international body that issues legislation on this matter and can also provide assistance for various intellectual property disputes which can appear between natural persons and legal entities in Italy, but also for cross-border disputes. Our team of Italian lawyers can offer legal representation to those who are involved in a litigious case.

Legal ways to resolve intellectual property disputes

Intellectual property disputes can appear in various matters referring to the protection of a trademark, the creation of an art work, plays or books or to patent issues, which are offered for the invention of a new device.

According to the characteristics of each case, a person has several ways to resolve the conflict. The pre-trial options refer to alternative dispute resolution (ADR), which is generally an out-of-court procedure.

In the situation of a conflict in which the parties consider they can easily settle the case, it is recommended to opt for mediation. The procedure is performed by a mediator, who will handle the discussions and negotiations to such a manner in which the parties can find an amicable solution; our team of Italian attorneys can offer more details on the characteristics of the procedure.

WIPO can also provide assistance by using ADR procedures such as:

- mediation,

- arbitration,

- expert determination.

In the situation in which the conflict can’t be resolved through ADR, it is necessary to address the case to an Italian court.

Italian intellectual property complaints addressed to WIPO

It is important to know that, since 2000, WIPO received various complaints referring to the protection of the intellectual property rights in Italy. The lowest number of complaints - 31 - was addressed in 2002, while the highest - 156 - was registered ten years later, in 2012. Since then, the number has decreased and in 2015, WIPO registered only 87 complaints.

Businessmen interested in receiving assistance in an intellectual property dispute can contact our Italian law firm for legal representation.