Patents: the Court of Genova on torpedo actions
On 23 April 2014, the Court of Genova issued a decision on the admissibility and width of a ‘torpedo action’.
On a general basis, torpedo actions are those filed in one jurisdiction to obtain a declaration of non-infringement also in connection with foreign intellectual property (IP) registrations. Their main purpose is to delay any infringement action relating to the same IP registrations brought by the right holder in other jurisdictions. In a number of cases, European courts (especially German courts) have decided to stay the proceedings started by the right holder in wait of the decision on the torpedo action previously started in another jurisdiction by the alleged counterfeiter…
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