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1 minute Martini Manna

Luigi Manna Luigi Manna

“Late Reaction” and Irreparable Harm in Italian IP Interlocutory Proceedings

A much debated issue in Italian IP litigation is whether a “late reaction” against alleged infringements by the right-holder should affect his chances of obtaining an urgent interlocutory relief. Precedents suggest that the right-holder will be affected. However, a recent patent infringement case decision by the Turin IP Court (Feb. 21, 2013, case 4B – F. B. vs K. and al.), confronting that issue, takes a different view.

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Silhouette and Callegari & Martini stop infringers at MIDO 2013 fair

As a consequence of those enforcement activities, all the involved infringers – eight of which are based in Asia, one in Italy and one in the UK – formally undertook to withdraw the counterfeiting products from the market and to cease any further commercialisation of them in the future.

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