On 25 November 2016 Italy’s ratification law of the UPC Agreement was published in the Official Gazette of the Italian Republic (Law no. 214 of 3 November 2016 – link to the Official Gazette here). The ratification law – which definitely puts an end to the hostility initially shown by the Italian government to the UPC…

The Kluwer Patent Blog received an interesting contribution from the Italian Trade Union of IP Consultants in Italy (SICPI), concerning the relocation of the London section of the UPC Central Division in case the UK decides to leave the Unitary Patent system. Giovanni Bruni of the SICPI argues there are good arguments for Milan as…

The best way forward for the Unitary Patent system after the Brexit vote of 23 June 2016 is to find a way to keep the UK inside the system. That is the opinion of Francesco Macchetta, director IP of the Bracco Group, a healthcare multinational with headquarters in Milan. But if the British don’t stay…

The recruitment procedure for judges of the Unified Patent Court has been suspended until more is known about the consequences of the UK’s Brexit vote for the Unitary Patent system. Earlier this week, the UPC Preparatory Committee announced the first round of selection of candidates has continued despite the Brexit vote, but ‘the commencement of…

The Italian Chamber of Deputies, the Parliament’s lower house, has approved the draft bill on ratification of the Unified Patent Court Agreement (UPCA). According to a report of the Società Italiana Brevetti (SIB), there were 302 votes in favour, 108 against and 25 abstentions. The bill will now go to the Italian Senate. Despite the Brexit vote…

In the Sanofi v. Teva ruling of 10 July 2014, the Court of Milan clarified the test for abuse of process, and denied an award of damages allegedly caused by the issue of a preliminary injunction which was later lifted due to the revocation of the enforced SPC. The case concerned the Italian part of the irbesartan…

Spain will not change its mind and join the Unitary Patent package, now that the Court of Justice of the European Union (CJEU) has dismissed its legal challenges of the patent package, laid out in the EU Regulations 1257/2012 and 1260/2012 and the UPC Agreement. This is the expectation of the Confederation of Employers and…

In an important change of position and influenced by the CJEU’s rejection of the Spanish challenge, Italy has announced it wants to join the enhanced cooperation within the European Union to create the Unitary Patent. This has been reported by various sources. According to the website of the Società Italiana Brevetti (SIB), Undersecretary Simona Vicari…

In a surprise move, the Italian Ministry of Economic Development made a formal call last week on stakeholders to share their view as to what Italy should do with the Unified Patent Court (UPC) and Unitary Patent (UP) system. Italy is the only European country which has signed the UPC Agreement, but has stayed out…