Court of Florence, 1395/2006 - Article 77 Patent Law
Pursuant to Article 77 Patent Law, the burden of proving the nullity or the expiration of an Industrial invention patent is on the person challenging the patent and the burden of proving the infringement is on the patent owner. The same principle must be acknowledged with respect to the request to put a patent application filed by third parties in the claimant's own name. The claim for the assessment of infringement presupposes the proof that an innovative idea has been developed by the company executing the work and the inventive activity was carried out by the customer company. The circumstance that the company concerned has not immediately referred the issue to the Judicial Authority is not sufficient to exclude the risk of irreparable damage and therefore of the existence of periculum in mora.
