Infringements of IPR and remedies to the infringements 

Rights conferred by the mark:

• exclusive right to (art.34 LM):
  • use
  • prevent unauthorized use
  • in the geographical market for which the mark is registered

Rights conferred by the patent: The owner has the right to:

• use the patent
• to prevent exploitation (direct/indirect) of the patented product by others without his consent (59/60)
• this means that a patent owner has the right to decide who may or not may use the patented invention for the period in which the invention is protected
• in other words, patent protection means that the invention cannot be commercially made, used, distributed, imported, or sold by others without the patent owner’s consent

Rights conferred by the industrial design

• Non registered design: not to be copied for 3 years
• Registered design: the exclusive right to use and prohibit its use by other without their consent (art.45)

Term of protection: 5 years, renewal for 5 years periods to a maximum of 25

ACTION AGAINST INFRINGERS

MARKS

• criminal (40 LM, art. 274 CP)
• civil (art.41 LM): cessation, damages, measures to avoid the continuation of infringement, destruction of goods marketed, Publication of the judgement

PATENTS

• criminal art. 70 e 273 CP
• Civil Actions art. 71
  • cessation
  • compensation
  • seizure
  • attribution of ownership
  • measures to avoid the infringement
  • publication of the judgement

INDUSTRIAL DESIGN

Art. 52: Civil or criminale actions against those who infringe their rights and demand the necessary measures for its safeguarding

Art.53 Civil Actions

• 1. the cessation of acts that violate their rights
• 2. compensation for damages suffered
• 3. the adoption of the measures necessary to prevent continuation of the infringing activity
• 4. the destruction or humanitarian assignment If possible, of the products above, and there are other less burdensome alternatives to prevent continuation or violation of the rights holder’s design resumes
• 5. Alternatively, delivery of items to the subparagraph 4 or 1, at cost because of its appropriate compensation for damages where possible and this measure is proportionate taking into account the circumstances of infringement appreciated by the court
• the publication of the judgement at the infringer through advertisements and notices to interested people