Passive protection of industrial property

Passive measures for the protection of industrial property

The counterpart of the holder of a patent right also has the right to see the principle of free competition protected and, therefore, can legally bring a civil case in its own right, that is having direct recourse to the court without waiting to be summoned by the owner of the patent, trademark, design or utility model, in order to ascertain:

  • If the industrial property right is valid
  • if it is actually violating the industrial property rights of others, with the negative finding of counterfeiting.

Basically, in the first case, the other party will argue that the patent, trademark, design or utility model is null, invalid or revoked, and therefore it is fully entitled to produce or market the same product of the competitor.

In the second case, the judge will be asked to ensure that the product marketed by it is different and not confusingly similar to the one subject to the sole rights and, therefore, can be freely be sold in the system of free competition.

The consultants of ABM Agenzia Brevetti e Marchi [Agency for Patents and Trademarks], based in Pisa, are on hand to provide advice and assistance.

Share by: