In Italy there are peculiar proceedings, called "descrizione", enabling intellectual property owners to collect evidence of the alleged infringement (also) before bringing the main infringement proceedings.
To obtain the descrizione, the patentee must prove:
These requirements are assessed less strictly than in preliminary injunction proceedings.
By granting the descrizione, the Court allows a bailiff and generally a Court Technical Expert (i.e. a patent attorney, who guarantees expertise, impartiality and independence, appointed by the Court) and patentee’s legal counsel to access the premises in which the alleged infringement takes place (i.e. the registered office, warehouses, branch offices or any other place of the defendant or of third parties where the infringing product is used/stored).
The Court may order the bailiff to:
The bailiff, with the assistance of the Court Technical Expert, drafts a written report describing the execution of the measures and the evidence collected, which is filed in Court.
To protect confidential information of the alleged infringer, the Court may order that the evidence be kept in a sealed envelope to be filed in Court and also that the access to it be temporary prohibited until a subsequent order of the Court.
The descrizione may be granted ex parte, without the alleged infringer having been heard, particularly where there is a risk that evidence may be destroyed or no longer be available if the alleged infringer is aware of the proceedings.
In this case, the Court schedules a hearing with the defendant within 15 days from the filing of the decision in order to discuss about the confirmation / modification / revocation of the measure granted ex parte.
The patentee must initiate the main infringement proceedings within the deadline set by the judge or within a period not exceeding 31 calendar days or…