What tools does Italian law provide to enforce utility models?

Italian law provides several tools for the enforcement of rights arising from utility models: the most frequently used is the action for infringement before the competent court. However there are also other, quicker but nonetheless effective enforcement means:

• Cease and desist letter: sometimes a letter notifying the infringer of the existence of the utility model and warning of the holder’s intention to enforce its rights is enough to put a stop to the infringing activity;
• seizure of counterfeit goods or an inhibitory injunction prohibiting further marketing and manufacturing: these measures, as well as a description order (see next paragraph), can be issued by a court upon request both before and during a legal action. Such measures, if granted, are extremely effective:
• description order: it is an evidence-gathering procedure that the court can grant upon request in order to obtain evidence of an alleged infringement. The description is carried out by a bailiff and can take place during a trade show, with obvious bias for the counterfeiter;
• criminal proceedings: intentional infringement must be proved; fines and seizure of products may apply.

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