Recent Italian case law adopts in a general way a flexible bar to splitting of the cause of action: new proceedings for additional claims are allowed if and when splitting is reasonably justified. The traditional interpretation, allowing free splitting of the issues of liability and damages, frequently applied in the field of IP litigation, might therefore be consequently also revised. In this perspective, postponement of the proceedings on damages after res iudicata on liability could be ordinarily justified, because costs and fees for the damages determination stage are generally higher. However, excessive delay in the filing might be deemed abusive, even if the statute of limitations has not yet expired. General rules and principles suggest that a six-months delay after res iudicata on liability should require proof of a specific reasonable justification
Abuso del processo e proprietà intellettuale: le prospettive di evoluzione del rapporto fra condanna generica e interesse al frazionamento della tutela
A. Giussani
2021
Abstract
Recent Italian case law adopts in a general way a flexible bar to splitting of the cause of action: new proceedings for additional claims are allowed if and when splitting is reasonably justified. The traditional interpretation, allowing free splitting of the issues of liability and damages, frequently applied in the field of IP litigation, might therefore be consequently also revised. In this perspective, postponement of the proceedings on damages after res iudicata on liability could be ordinarily justified, because costs and fees for the damages determination stage are generally higher. However, excessive delay in the filing might be deemed abusive, even if the statute of limitations has not yet expired. General rules and principles suggest that a six-months delay after res iudicata on liability should require proof of a specific reasonable justificationI documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
