In the wake of a legislative review recommending extension of the powers of Italy’s High Commissioner Against Counterfeiting and Piracy ('l'Alto Commissario per la Lotta alla Contraffazione'), the Berlusconi government has moved to abolish the position altogether.

In a legislative decree released on 25 June, the government outlined various measures to reduce public spending, including the ‘Reduction of collective bodies and the duplication of structures’ (art. 86). Both the Anti-Counterfeiting High Commissioner and the Anti-Corruption Commission were casualties of the decree, in a move that will undoubtedly save costs but may damage belief in the government’s commitment to law enforcement.

Created by Berlusconi himself in 2005, during a previous period in government, the position of Anti-Counterfeiting High Commissioner has been held since September 2006 by Giovanni Kessler, a former magistrate. The holder of the role is charged with combating the falsification of trade marks and patents on both a national and international level, and is allowed a budget of 1.5 million Euro a year with which to pursue this objective.

With 60 days to enter into force of law it is possible that the decree, as passed, will as yet save the position of High Commissioner from extinction. However Mr Kessler seems already resigned to his fate, having commented that the office ‘worked quite well’ and that, in any case, counterfeiting is a ‘cultural battle’ rather than a political one.

It is to be hoped that Italy continues, however, to increase counterfeiting penalties, and to cooperate with its neighbour France in this respect. In the context of France’s proposal to create the role of European High Commissioner for IP during the term of its EC presidency, it at least seems that IP enforcement will remain a priority within the European Community.