Course of the Intellectual Property trials – “Court
Expert”
The law 18 june 2009, n. 69, introduces a modification
to the Italian civil procedure code, which will have important
consequences on the course of intellectual property trials, in
particular on the course of the so-called “Court expert”
(“consulenza tecnica di ufficio”). Indeed, the law
(art. 46, par. 4) provides that the Judge, together with the appointment
of the expert who will carry out the technical expertise (e.g.
nullity and/or infringement of patent, mark, design), fixes a
final date both for the submission of the technical expert statement
by the same expert and the previous submission of the party technical
statements by the party experts to the same Court expert.
If, on one hand, this will provide for a definite time frame in
the Court expert phase, on the other hand it will impose a higher
rapidity to the party experts and thus to the parties in the preparation
of their technical statements.
go
back to News > Legislative and Finance Rules
go
back to News Main Index
