Italy
Answer ... In Italy, discovery is available neither in the pre-trial phase nor during the trial; rather, each party bears the burden of proving its own claims.
As a precautionary measure, the patent owner may file a request to the court for a description of the infringing products or process (as well as seizure of the infringing items or of means that are unequivocally intended to implement the infringing process) (Article 129 of the Italian Code of Industrial Property (ICIP)). It is sufficient if the infringement has not yet occurred, but is imminent.
Description at the premises of the alleged infringer, its distributors or any other party that participates in the infringement can be requested.
Usually, the plaintiff requests that description be carried out without informing the defendant. The court may grant that the description be carried out either:
- without informing the defendant (‘inaudita altera parte’); or
- after having notified the defendant and heard both parties.
Description should be granted only where the features and details of the allegedly infringing products or process cannot be obtained through other channels (eg, by buying sample products).
Description is carried out by an officer of the court, usually accompanied by a technical expert appointed by the judge. The plaintiff’s attorney and technical experts can attend the description.
Description aims to determine:
- the features of the allegedly infringing products or process;
- the means of manufacturing the allegedly infringing products or of implementing the allegedly infringing process; and
- the extent of the alleged infringement (ie, both technical and financial documents can be obtained).
As description is a precautionary measure, an action on the merits must be initiated within a term set by the judge or, in the absence of such indication, within a term of 20 business days or 31 calendar days (Article 132 of the ICIP).
Italy
Answer ... Discovery is not available under Italian law, either before or during the trial.
However, as a precautionary measure, the patent owner may file a request to the court for description of the infringing product or process (as well as seizure of the infringing items or of means that are unequivocally intended to implement the infringing process) (Article 129 of the ICIP).
A description can be granted without informing the defendant (‘inaudita altera parte’) or after having notified the defendant and heard both parties.
Description at the premises of the alleged infringer, its distributors or any other party that participates in the infringement can be requested.
Description aims to determine:
- the features of the allegedly infringing products or process;
- the means of manufacturing the allegedly infringing products or of implementing the allegedly infringing process; and
- the extent of the alleged infringement (ie, both technical and financial documents can be obtained).
As description is a precautionary measure, an action on the merits must be initiated within a term set by the judge or, in the absence of such indication, within a term of 20 business days or 31 calendar days (Article 132 of the ICIP).
Italy
Answer ... Discovery is not available under Italian law, either before or during the trial.
However, as a precautionary measure, the patent owner may file a request to the court for description of the infringing product or process (as well as seizure of the infringing items or of means that are unequivocally intended to implement the infringing process) (Article 129 of the ICIP).
There is no limitation on the amount of documents that may inspected during description of the allegedly infringing product or process. Nonetheless, extreme care must be taken to preserve the confidential information and data of the defendant.