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19/02/2013

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Italy´s position is indeed ambiguous. It fights enhanced cooperation before the ECJ but participates in the UPC-Agreement. However, this allows proprietors of classic European Patents to obtain infringement decisions enforceable also in Italy. Validation of European Patents in Italy will still require translation of claims and description and therefore generate more costs compared with other countries. However, in the framework of the whole patent package, the Italian situation may offer patent proprietors even advantages when it comes to calculating damages. Under Art. 4 Section 4 of Reg. 1260/12 regarding the translation of European Patents with unitary effect, the patent infringer, in particular SMEs, may try to limit damages arguing that he had no knowledge of the content of a patent as it was not translated in his language prior to the infringement proceedings. In particular in proceedings involving SME, this objection may be an important obstacle for a patentholderfriendly damage calculation. Due to the translation requirement patent proprietors will not have to fear this argument in proceedings regarding classic European Patents and involving Italian companies before Italy´s UPC-Division.

Italy also signed the Agreement.

The final version was amended by a "Corrigendum" as of January 29, 2013, that can be found here:

http://register.consilium.europa.eu/pdf/en/12/st16/st16351-co01.en12.pdf

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