Labour controversies affecting IP right

The jurisdiction concerning IP litigation has been assigned in 2003 to a limited number of specialised IP chambers of Courts spread throughout the Italian territory.

The Court of Cassation has now decided the debated question whether such specialised sections did also have jurisdiction over controversies relating to employees’ inventions or whether Court Chambers dealing with labour conflicts were in charge.

The Court of Cassation found that the labour aspect in the case of employees’ inventions was prominent and therefore decided that labour chambers of Italian Courts have jurisdiction over such controversies.

Court of Cassation, Civil Chambers, Order of August 28, 2006 in re B.G. vs. Curvet S.p.A.