Reinforced Confidentiality for Patent of Process –Italian Industrial Property Code (Section 129) and TRIPS Agreement (Sections 34, 39, 43 and 47).
Bayer S.p.A has filed a Petition for judicial inspection (in Italian “Descrizione Giudiziaria”) with the Court of Milan, IP section, alleging the infringement of the Italian portion of EP 01746101 (“EP ‘101”) by Industriale Chimica S.p.A..
EP’101 is a process patent that refers to “Process for the production of Oxo-pregn-4-en-21,17-carbolactonen by metal free oxidation of 17-(3-hydroxypropyl)-3,17-dihydroxyandrostanes”. The injunction issued by the Court of Milan is interesting since it addresses the peculiar essence of the judicial inspection. The injunction analyses both Italian procedural rules as well as the TRIPS Agreement in injunction to argue on a “reinforced confidentiality” duty for the judicial inspection carried out to ascertain the infringement of a patent of process.