The Italian Constitutional Court issued a decision (Number 112/2008) last April relating to the legal situation of lawsuit proceedings which are now under appeal and which were originally heard – during the first instance – by ordinary courts, that is according to the rules that applied before the entry into force of Decree Law Number 168/2003 of 2003, which created dedicated IP courts responsible for hearing IP matters.

The implementation of Law Number 273/2002 started the reform of the IP system in Italy, which led in 2005 to the introduction of the new IP Code. Within this framework, 11 specialized courts were created, which are the only ones competent on the subject of IP. These are in Bari, Bologna, Catania, Florence, Genoa, Milan, Naples, Palermo, Rome, Turin, Trieste and Venice.

Until now, the new IP Code provided that the specialized courts are competent for disputes during the appeal phase, as well as if the proceeding of first instance commenced and progressed on the basis of the regulations previously in force.

But the latest decision of the Constitutional Court declared this provision introduced by the new IP Code to be illegitimate – the Court having deemed that this provision relates to a subject matter extending beyond the boundaries defined by Law Number 273/2002 – and has established that the lawsuits pending at the date of June 30 2003 should be heard by the competent judge on the basis of the regulations previously in force.

Micaela Modiano

Modiano & Associati
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