Legal framework
Contrary to common belief, the Italian legislative instruments against IP infringement are quite effective.
In 2003 specialised IP divisions were set up in 12 existing courts, later increased to 21. Since 2014 cases involving foreign companies have been concentrated in nine of these courts (Milan, Turin, Venice, Genoa, Rome, Naples, Bari, Cagliari and Catania). These divisions have exclusive competence over civil actions relating to trademarks, patents, designs, copyright and unfair competition. Further measures to improve the efficiency and training of specialised divisions judges and introducing specialisation also for criminal judges are currently under discussion.
The 2005 Code of Industrial Property, extensively amended in 2010 and again in 2023, brought together the principal laws relating to IP matters – expressly including unregistered trademarks, trade secrets and appellations of origin as IP rights, with two exceptions:
• copyright, which is covered by the separate Copyright Law;
