Judge in Panel Session IX – Patent – The UPC – Brexit or business as usual?
Tuesday, September 20, 2016 from 08.30 to 12.30
Marina Tavassi, born in Milan (Italy), graduated in Law (magna cum laude) from the University of Milan (Università degli Studi di Milano). Recently appointed President of the Court of Appeal of Milan, from the end of September 2016.
She worked for several years as a researcher of the National Council for Research scholarship at the Institute of Civil Procedural Law of the University of Milan.
In 1977 she entered the judiciary. She has been appointed to the Milan Tribunal, in the First Civil Section, where she has the opportunity to specialize in industrial and intellectual property, commercial law, antitrust law and European Union law. In the same time she has contributed regularly to academic activities.
In 1991 she was appointed to the First Civil Section of the Court of Appeals of Milan, where she remained until September 2004. During this time she was in charge of second degree procedures regarding subjects such as industrial and intellectual property, company and bank law, competition, appeals against arbitration awards and professional liability.
From October 2004 to October 2009 she has been counsellor (judge) at the Supreme Court. At the beginning as judge of a criminal division that – among other topics – dealt with the penal aspect of counterfeit and violation of intellectual property rights. In 2007 she was appointed to the First Civil Section, where she has been in charge of procedures concerning subjects such as industrial and intellectual property, company law and competition.
In October 2009 she has been appointed as President of the Intellectual Property Specialised Court of Milan (from September 2012 named Specialised Court of Enterprise). This Court exercises its competence (industrial and intellectual property – i.e. patents, trade-marks, designs and models, copyright, unfair competition, know how, commercial secrets), on the whole Region of Lombardy and is specialized also in competition law (antitrust), by direct implementation of Community rules.
In those tasks Tavassi had the opportunity to follow several cases of high economic value, important social impact, and of international and European relevance in the IP sector, commercial and competition sectors (starting from the Italian cases of Epilady, Cimetidine, Citrazine, since the more recent cases of Amplatz vs Occlutech, pharmaceutical patent owner against generalist producers, extension of a registration to the second use patent or to a second SCP, the Italian case Samsung vs Apple, etc.). Many of these judgements have been published by important law reviews and have received favourable comments by the doctrine.
She is vice-president of the Association of European Competition Law Judges funded in London in 2001 (AECLJ) and of the Association of Intellectual Property Judges (I.P.J.A.) funded in Venice, on the initiative of several European judges.
She was also in the network of Supreme Courts judges that organises some exchange programme. In this network she had the opportunity to spend a period in California (attending a training period in IT cases, Courts of Los Angeles, San Francisco and San José) and another period at the Royal Court of Justice in London, following the most important judges, that have created the basic principles of the cases relating to patents.
Since the establishment in Italy of the Forensic Schools (biannual post-degree training schools for the legal professions) in the years 2001/2009, she has been member of the Directive Council of the School of Specialization for the Legal Professions at the University of Milan, also teaching in the same school classes in commercial law (Patent Law included).
She has taken part in several seminars, as speaker and chairman, and have conducted in-depth studies concerning the special procedures of civil trials, and in particular urgent measures and reforming projects of civil trials. In the Department of civil procedural law of the University of Milan she participated in the study of bills publishing articles and cooperating at the compilation of the volume “Reform Projects of the Civil Trials” (“I progetti di riforma del processo civile”) edited by the University of Milan.
She has published several articles, monographies (“Civil Antitrust Procedure”, co-author, Giuffré 1998; “Patent, Trademarks, Trade name and Outdoor sign”, co-author, UTET 2003; “Competition Law and Intellectual Property – A European Perspective”, Wolters Kluwer, 2012, co-editor).
As a speaker and chairman she has participated in a number of national and international congresses on topics such as urgent measures, civil trials, industrial and intellectual property, competition, European Union law (speaking in English and French).
She is also founder and co-director of a specialised law review, entitled “Italian IP Courts Case Law Report”, that publishes the decisions of the Italian IP Courts, in Italian and English.