I NOSTRI ARTICOLI

This article deals with IP cases and COVID-19 emergency in Italy and offers an introspective analysis into IP trials at the time of COVID-19

The Covid-19 emergency is changing the judiciary system, which is now facing one the biggest challenges in the last decades.

The introduction of social distancing rules has triggered a process of “modernization” of the judiciary activities. To that effect, new “digitalized” hearings and other alternative means (i.e. the filing of written notes with the Court a few days before the hrearing) have been introduced in place of physical hearings.

The exclusive IP rights conferred by patents could hinder or delay the discovery of life-saving remedies against the virus.

What might happen if this should be the case?

Let’s consider for a moment how Italian national rules are set to balance the fundaments rights at stake (on the one hand, the exclusive rights of IP owners and, on the other hand, the public health and security of citizens), as well as foster the research and technical process for the treatment of the Covid-19 disease.