Italy, new proceedings on the merits – faster timeline and new simplified procedure

This could provide new interesting options for IP litigation.

1. Straight to the core of the matter

The parties have to file all their claims, objections evidence and evidence requests within 120/150 days from the service of the writ of summons.

At the first hearing, the Judge deals with case management issues and sets the agenda of the whole proceedings. Then, already at the first hearing:

a) Court Technical Expert (usually requested to provide an opinion in patents and trade secrets matters) can be appointed; or

b) the final stage can be opened (this could happen in trademarks and design cases where no evidence collection activities are needed).

This means that the first instance judgement on the merits can be issued from 9 months to 1.5 years (in case of CTE) after the service of the writ of summons. We will see how Italian Courts will adapt to these changes and if they will be able to immediately keep this new pace.

Figure 1- Opening Stage

Figure 2 - Two main scenarios after the first hearing

2. Simplified procedure

This is an alternative procedure for proceedings on the merits featuring a more flexible structure (e.g. only strictly needed evidence collection activities) with the purpose to quickly reach a judgment.

In order for the simplified procedure to apply, one of the following conditions shall be satisfied: (i) undisputed facts; (ii) claims based on documentary evidence; (iii) clear-cut case; (iv) no complex evidence collection activities.

The plaintiff can choose to start a simplified procedure or the Judge can order to shift from the ‘ordinary’ to the simplified procedure at the first hearing.

This might be an interesting option especially for trademark and design clear-cut matters.

Figure 3 - Simplified procedure