Sanzioni dello UPCA e Codice della Proprietà Industriale. Le differenze in tema di risarcimento del danno e di restituzione degli utili

[Autom. eng. transl.] The Unified Patent Court Convention (UPCA) contains some provisions of substantive law that concern in particular the sanctions for patent infringement. Given that these provisions show some points in which they do not coincide with the corresponding provisions of the Industrial Property Code, I intend to focus on those regarding compensation for damages and reversion of profits. The basic thesis is that, except for a possible (and desirable) reformulation of the national provisions to adapt them to that of the provisions of the UPCA, it is in any case necessary to promote maximum uniformity of application between the provisions of the UPCA and the Italian provisions, since it is not reasonable that, under equal conditions, the rules for compensation for damages and reversion of profits change depending on whether the case is decided by the UPC or by an Italian judge. Since, moreover, the provisions of the UPCA are connected, like those of the Industrial Property Code, ind., to the enforcement directive, but constitute a more faithful implementation of it, I propose to extend the principle of the prevalence of the provisions of the UPCA to the greatest extent possible, therefore also outside the patent field.