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ARTICLE · 13 JULY 2026

Italy's IP Reform: A Narrow Window To Challenge Existing Preliminary Injunctions

Jones Day
Jones Day
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The Court of Justice of the European Union has ruled that national laws cannot allow preliminary injunctions to remain in force indefinitely without merits proceedings, prompting Italy to introduce a transitional regime through Decree-Law No. 100/2026. This creates a narrow 60-day window for respondents to challenge pre-existing injunctions while requiring right holders to urgently review their portfolios of preliminary injunctions to preserve them.

ItalyIntellectual Property
Thomas Bouvet
Thomas Bouvet
Edouard Fortunet
Edouard Fortunet
Ping Li
Ping Li
Christian Paul
Christian Paul
Lamberto Schiona
Lamberto Schiona
Margherita Farina
Margherita Farina
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In Short

The Situation: The Court of Justice of the European Union ("CJEU") ruled that national laws cannot allow preliminary injunctions to remain in force indefinitely where the claimant never started proceedings on the merits and the defendant seeks discharge.

The Result: Italy responded through Decree-Law No. 100/2026 (in force since 12 June 2026; "Decree"), introducing a transitional regime for preliminary injunctions granted under the previous framework.

Looking Ahead: This creates a narrow window for respondents to challenge pre-existing injunctions never followed by merits proceedings. Right holders should urgently review their portfolio of preliminary injunctions and assess whether action is needed to preserve them.

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