CASE LAW

Court of Genoa, 6 November 2006, N. 13128/2006 - Article 61, Industrial Property Code

A patent owner's right to benefit from an Industrial invention, is not limited to the marketing of the patented product, but also includes any kind of exploitation of the goods apt to produce benefits. Therefore also the activity of commercial intermediation preliminary to the sale of a product and carried out without the patent owner's consent amounts to infringement of the patent right, and the circumstance that the sale has not taken place has no significance. In order to evaluate the periculum in mora for the sake of granting precautionary measures in the matter of copyright infringement, the circumstance that at the lime of the appearance of the defendant before the Court the unauthorized use had ceased does not appear such as to remove any interest in the enforcement o fan injunction to prevent from further use anyway.

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