PATENTS | Court of Turin on the protection conferred by a European patent

On 5 March 2024, the Court of Turin issued its decision No. 1438 (“Decision”) on the interpretation of Article 54 of the Italian Industrial Property Code (“IIPC”) and the criteria of compensation of damages resulting from a patent infringement under Article 125 of the IIPC. The case concerns a patent claiming an orientation machine for caps or capsules equipped with an object selection function (“Patent”). Firstly, the Court highlighted that, under Article 54 of the IIPC, the protection conferred by a European patent can only be enforced from the date on which the Italian translation is made available to the public, whereas the protection itself starts from the filing of the European patent application. On the other hand, the Court held that, under Article 125 IIPC, the loss of profits shall not be calculated as the sum of the amount resulting from the ratio turnover/costs plus the amount of the equitable royalties that the author of the infringement would have had to pay to obtain a licence. Indeed, these are two different methods of calculating the same item of damage. By applying these principles, the Court found that the Patent had been infringed and therefore condemned the defendant to recover the profits generated from the sale of the infringing products, since in any case this amount exceeded the loss of profits.

Newsletter n. 95 – April 2024