Council for Trade-Related Aspects of Intellectual Property Rights - Review of Legislation on Enforcement - Italy

World Trade Organization RESTRICTED IP/Q4/ITA/1 27 August 1998 (98-3320) Council for Trade-Related Aspects of Intellectual Property Rights Original: English REVIEW OF LEGISLATION ON ENFORCEMENT ITALY The present document reproduces the introductory statement of the delegation of Italy, the questions put to it and the responses given in the review of legislation on enforcement at the Council's meeting of 17-21 November 1997. _______________ INTRODUCTORY STATEMENT According to Italian legislation, the intellectual property right holder can act before the civil judge in order to obtain: the recognition of the right; the inhibition of the behaviour infringing the intellectual property right; the compensation for damages; the destruction of counterfeit goods. Before and during the proceedings, it is always possible to ask the civil judge to adopt an urgent procedure in order to obtain a measure protecting said right (in particular the inhibi