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Francesco Misuraca

  • Firm: SMAF & Associates, SAS, S.T.A.
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  • Via Vincenzo Monti 8, Milan, 20123.

Experience

Francesco Misuraca is the founder and partner of SMAF & Associates, a law firm with a notable cross-border footprint that includes Bologna, Milan, Rome, and Hangzhou, China. The firm identifies Misuraca as the responsible attorney for its Bologna office, underscoring his central role in directing practice strategy and client service. Admitted to the Italian bar in October 1998, he brings over two decades of experience in complex intellectual property matters, with a particular focus on patent litigation and cross-border disputes. His work includes advising on patent applications and licensing, drafting international commercial agreements, and supporting clients with international corporate structuring, reflecting a practice that integrates patent expertise with broader commercial strategy.

The strategy includes:

  • Declaratory Judgment
  • Preliminary Injunction and Claim Construction
  • Damages
  • EPO Oppositions
  • Pharmaceutical Patents
  • Biotechnology Patents
  • Nutraceutical patents (plants)
  • Software Patents (Blockchain, avionic, maritime, energy, aerospace, robotics)
  • Standard-Essential Patents (SEPs)

Misuraca’s professional journey is closely tied to his leadership at SMAF & Associates, where he has developed a practice encompassing patent and trademark matters, commercial litigation and arbitration, and international transactions. The firm’s presence across Bologna, Milan, Rome, and Hangzhou demonstrates a clear strategic focus on clients operating between European and Asian markets, particularly in high-tech and manufacturing sectors. Within this framework, he advises on patent prosecution (new patent applications), as well as patent analysis and registration strategy (patent filing and protection strategy), supporting broader patent litigation and enforcement matters across jurisdictions.

Beyond his legal practice, Misuraca has contributed to international legal scholarship, including authorship of works on Indian law and broader international business topics. This academic and comparative perspective informs his approach to cross-border intellectual property and commercial advisory work. His experience spans high-value patent and trademark matters, alongside regulatory and transactional support for international clients, positioning him as a practitioner capable of managing complex, multi-jurisdictional disputes and strategic IP initiatives.

Within SMAF & Associates, Misuraca’s practice areas include intellectual property, specifically patents and trademarks, and the firm’s service portfolio highlights contenzioso commerciale e arbitrato (commercial litigation and arbitration) as a core capability. The firm’s practice architecture also encompasses international transactions, debt recovery, and corporate matters, all of which intersect with IP enforcement and licensing strategies for technology-driven clients. His leadership role extends to overseeing practical aspects of cross-border litigation, IP prosecution, and licensing initiatives, leveraging SMAF’s global network and multilingual capabilities to serve clients across sectors such as engineering, machinery, automotive, and high-tech industries.

Misuraca’s educational and professional trajectory—marrying a strong academic foundation with hands-on legal practice—shapes a profile that emphasizes both technical IP know-how and the ability to navigate cross-border regulatory regimes. The blend of patent-focused work with a broader international law and corporate practice reflects a holistic approach to intellectual property and technology-related disputes within the Italian and international landscapes.

Specialty

Francesco Misuraca specializes in intellectual property and cross-border litigation, with a clear emphasis on patents and trademarks. The SMAF & Associates practice areas explicitly include BREVETTI (patents), MARCHI (trademarks), and CONTENZIOSO COMMERCIALE & ARBITRATO (commercial litigation and arbitration), illustrating a focus on IP enforcement, licensing, and dispute resolution across multiple jurisdictions. The firm’s footprint, including an Italian base and an office in Hangzhou, signals a capacity to handle IP matters that intersect European and Asian markets, including cross-border patent prosecution, IP licensing, and strategic disputes involving multinational clients.

In terms of practice focus, Misuraca’s background encompasses drafting of patent applications and patent licenses, providing legal opinions on international law matters, and advising on international corporate structures. He has been described as a professional who operates at the interface of international commerce and IP, offering counsel on regulatory and contractual aspects of technology transfer, distribution, and licensing arrangements. The firm’s Italian IP work includes trademark registration and related enforcement, with cross-border litigation and arbitration as central components of the practice. This combination supports a client base that includes manufacturers, technology developers, and distributors engaged in international supply chains.

Industry focus reflects Misuraca’s engagement with high-tech and industrial sectors, including machinery, metalworking, automotive, and general mechanical engineering, as evidenced by SMAF’s specialization in contestazioni and litigation relating to industrial products and foreign market disputes. The firm has also highlighted its capacity to handle litigation in foreign tribunals and to manage IP disputes across jurisdictions, positioning Misuraca as a practitioner capable of coordinating complex enforcement strategies in Europe and beyond.

Education and training underpin this specialty. Misuraca’s academic and professional profile emphasizes a Doctorate in Philosophy of Law and a long-standing track record of international practice, integrating theoretical analysis with pragmatic, litigant-facing representation in IP matters. This combination informs his approach to patent prosecution, IP licensing, and cross-border enforcement, where technical expertise and regulatory acumen are essential for positioning clients effectively in contested IP landscapes.

Education

Degrees and Institutions: Framed by a Doctor of Research (Dottore di Ricerca) in Philosophy of Law from the University of Padua, completed by March 2000, this advanced academic credential anchors Misuraca’s analytical approach to law. He was admitted to the Italian bar in October 1998, establishing his qualifications to practice in Italy’s courts and legal system. The combination of a PhD and bar admission provides a robust foundation for a career focused on cross-border and technology-related legal matters.

Legal training and scholarly credentials: In addition to his formal degrees, Misuraca has published widely on international and comparative law topics, including works on Indian law published by IPSOA and related international law commentary. He has co-authored titles such as India: Diritto Commerciale, Doganale e Fiscale (2006) and Investire nelle Repubbliche Baltiche (2006), reflecting an engagement with cross-border regulatory regimes and foreign market contexts that inform his IP and commercial practice. These publications underscore a commitment to developing practical legal scholarship that informs his day-to-day advisory and litigation work.

Institutions and language: Misuraca’s professional profile indicates fluency in multiple languages and a background that includes international engagement. His educational and professional experiences align with SMAF’s multi-jurisdictional platform, including a Hangzhou office that enables cross-border collaboration and a broader international network. This combination of education, bar admission, and international scholarly work supports a practice focused on patent and trademark matters within Italy and in cross-border contexts.

Achievements and Recognition

  • Authored two IPSOA-published books on Indian law: India: Diritto Commerciale, Doganale e Fiscale (2006) and Investire nelle Repubbliche Baltiche (2006); English-language edition of the former published by Kluwer Law International in July 2011. Source: https://www.quotalo.it/bologna/smaf-e-soci-studio-legale
  • Founding partner and responsible attorney of SMAF & Associates, with leadership over multiple offices (Bologna, Milan, Rome, Hangzhou) and a cross-border IP practice. Source: https://www.smaf-legal.com/Areas_Network.html and https://www.smaf-legal.com/attorneys_fra.htm
  • Director of international IP and cross-border litigation strategy within SMAF, including patent and trademark proceedings and international transactions. Source: https://www.smaf-legal.com/attorneys_fra.htm

FAQ about Francesco Misuraca

SMAF & Associati, Studio Legale Overview

“SMAF & Associati, Studio Legale (SMAF)” is a full-service law firm with offices in Milan and Rome, Italy. For over 15 years, the firm has been serving both domestic and international clients across a wide range of practice areas, including business and commercial law, real estate, criminal law, EU regulations, international transactions, immigration, and more.

The firm places a strong emphasis on the ongoing professional development of its team. Its attorneys and consultants stay up to date with all legal developments in their respective focus areas. In addition to being successful courtroom advocates, they are respected scholars and leaders within bar associations. Francesco Misuraca and the other lawyers strive for excellence in all areas, working to provide the highest quality legal representation and delivering detailed and assertive litigation in courts throughout Italy.

SMAF is committed to meeting the wide variety of its clients’ legal needs with efficiency, professionalism, and ethical practices. The legal team offers personalized counsel and representation with individual attention.

The law firm also has significant experience in the following areas:

– Real Estate Law

– Maritime Law

– Aviation and Avionics Law

– Aerospace Law

– Energy Law

– Pharmaceutical Law

– Patents and Trademarks

– Artificial Intelligence Law

– Robotics Law

– Blockchain Law

 

“Year this Office Was Established:” 2002

“Languages:” Italian, English, French, Spanish, German, Chinese

Practice Areas

 

“Bankruptcy & Debt Relief”

– Bankruptcy

– Debtor & Creditor

– Foreclosure

 

“Business & Corporate Law”

– Business Law

– Banking & Finance

– Commercial Law

– Contracts

– Corporate Law

– Mergers & Acquisitions

 

“Criminal Defense”

– Criminal Defense

– White Collar Crime

 

“Employment Law”

– Employment

– Discrimination

– Wrongful Termination

 

“Estate Planning”

– Estate Planning

– Will & Probate

 

“Family Law”

– Family Law

– Child Support

 

“Government & Administrative Law”

– Government

– Administrative Law

 

“Industry Specializations”

– Admiralty & Maritime Law

– Aviation Law

– Science & Technology

 

“Intellectual Property”

– Intellectual Property

– Patents

– Trademarks

 

“International Law”

– International Law

– International Arbitration

 

“Litigation & Dispute Resolution”

– Litigation

– Arbitration

– Business Litigation

– Civil Litigation

– Corporate Litigation

 

“Personal Injury”

– Personal Injury

– Accident

– Asbestos / Mesothelioma

– Workplace Injuries

– Wrongful Death

 

“Real Estate”

– Real Estate

– Construction Law

– Property Law

 

“Tax Law”

– Tax

– Corporate Taxation

 

“Additional Areas:”

EU Regulations, Computer Law, International Transactions, Debt Recovery, Securities and Insider Trading, Public Tendering, Commercial Property, Assistance Before Domestic and Overseas Courts, Domestic and Overseas Arbitration Assistance, International Contracts, International Tax Planning, Trusts, M&A, Project Financing, Financing Contracts and International Banking Relationship Assistance, Real Estate Counseling, Drafting of Lease Contracts, Sale and Building Assistance, Trademark and Patent Registration, Patent Licensing and Patent Application Drafting, Criminal Law, Company Torts.

 Areas of Law – Detailed Descriptions

 

“Energy Law”

SMAF & Associati is a law firm composed of lawyers and accountants offering litigation, contract drafting, and environmental impact services to Italian companies exporting or investing abroad.

 

“Financial Reporting (Balance Sheets)”

The firm provides support in drawing up balance sheets, preparing consolidated and extraordinary financial statements, and offering accounting and managerial assistance for start-ups. Services include budget planning, periodic reporting, control over managerial and accounting procedures, assistance with budget assets, implementation of bilingual accounting programs, and financial planning and support for financial statements.

 

“Drafting of Business Plans and Feasibility Studies”

The firm drafts business plans and feasibility studies for the submission of projects to programs financed by national and international banks, public and private entities, and the European Union.

 

“Consultancy and Assistance on Commercial and Company Law”

The firm operates in the field of company formation in Italy and abroad, evaluating optimal company structures. Services include tax analysis of companies and partners, document fulfillment, organization of ordinary and extraordinary shareholders’ meetings, support for fiscal planning in share transfers, preparation of contracts to optimize economic and fiscal results, advisory on authorized capital (increases, reductions, losses, partners’ contributions), contract drafting, negotiation support, and general legal assistance.

 

“Consultancy and Assistance for Extraordinary Procedures”

The firm provides legal services related to national and international mergers, acquisitions, demergers, contributions of corporate branches, transformations, and liquidations. It offers estimates of corporate branches or contributions, support for generational transitions or company expansion, and corporate and fiscal support for the development of Italian companies abroad and foreign companies in Italy (including start-ups, joint ventures, commercial agreements, and company associations).

 

“Consultancy and Assistance for Fiscal Law”

The firm offers legal assistance on fiscal issues related to ordinary and extraordinary corporate activities, both nationally and internationally. It supports managerial decisions to optimize fiscal impact, assists in drafting financial statements, and operates in the field of national and international tax planning and tax audits.

 

“Real Estate Law”

In typical transactions, SMAF (with offices in Milan, Bologna, and Rome) advises clients on the significant role property matters can play in legal disputes. Enforcement of judgments, for example, underscores the importance of sound legal advice on property rights. Property law concerns dominion, right of use, control, and disposition over things, objects, or land.

 

“Corporate Law”

Corporate law governs the creation, existence, and operation of corporate entities and commercial transactions.

 

“Debt Collection”

The firm recovers debts in all Italian regions on behalf of international companies importing, exporting, or investing in Italy. These clients often need to collect credits due to non-payment or defective goods. Studio Misuraca provides foreign clients with a clear explanation of costs, applicable procedures under Italian law, and timelines for debt recovery.

 

“Securities and Insider Trading”

This area involves stock swindles, insider trading, and false reporting by corporations and auditors. The lawyers at SMAF have a long history of working to compensate victims of illegal actions by corporations and their agents.

 

“Maritime Law”

Maritime law is the distinct body of law (both substantive and procedural) governing navigation and shipping. Topics include shipping, navigation, waters, commerce, seamen, towage, wharves, piers, docks, insurance, maritime liens, canals, recreation, and piracy. Under different state laws, the ship’s flag determines the applicable law. For example, a ship flying the Italian flag in the Persian Gulf would be subject to Italian maritime law.

 

“Criminal Law”

Criminal law involves prosecution by the government of a person for an act classified as a crime. In criminal cases, the state initiates the suit through a prosecutor, and persons convicted may be incarcerated, fined, or both. In civil cases, the victim brings the suit, and persons found liable may be required to give up property or pay money.

 

“Commercial Law and Property”

Commercial law governs business, commerce, and consumer transactions. Specific fields include banking, bankruptcy, consumer credit, contracts, debtor and creditor, landlord-tenant, mortgages, negotiable instruments, real estate transactions, sales, and secured transactions. SMAF advises clients on enforceable assets, taxation, environmental and financial planning, joint venture arrangements, and legal checks on partner consistency and reliability with regard to commercial property.

Francesco Misuraca is the founder and partner of SMAF & Associates, a law firm specializing in cross-border legal matters including intellectual property, commercial litigation, and international law. He has been admitted to the Italian bar since October 1998 and has a Doctorate in Philosophy of Law from the University of Padua. His practice focuses on drafting international agreements, advising on patent applications, and managing cross-border disputes.

His main areas of expertise include intellectual property (specifically patents and trademarks), cross-border litigation, international transactions, and corporate law. He specializes in patent prosecution, licensing, and enforcement across European and Asian markets, with a focus on high-tech and industrial sectors.

He practices in Italy, with offices in Bologna, Milan, and Rome, and also has a cross-border presence through the Hangzhou office in China. His practice involves managing disputes and transactions across multiple jurisdictions, leveraging his multilingual capabilities and international network.

He has authored two books on Indian law published by IPSOA, including ‘India: Diritto Commerciale, Doganale e Fiscale,’ and contributed to international business literature. An English-language edition of his work on Indian law was published by Kluwer Law International in 2011.

The firm emphasizes intellectual property, commercial litigation, arbitration, international transactions, debt recovery, and corporate matters. It maintains a strong focus on IP enforcement and licensing strategies, serving clients in high-tech, manufacturing, and engineering sectors across borders.

His academic background with a PhD in Philosophy of Law, extensive international practice, and scholarly publications provide him with a deep understanding of legal frameworks across different jurisdictions, enabling effective management of complex cross-border disputes and transactions.

Francesco Misuraca has been admitted to the bar since October 1998.

Francesco has a deep passion for justice and the law; these are not just part of his professional life but have been ingrained in him since birth. He is exceptionally skilled at coordinating the work of other lawyers in complex areas of practice, such as information technology, media law, and private equity.

 

He is a partner at SMAF & Associates law firm. His professional experience includes drafting international agency and distribution agreements, patent applications, patent licenses, providing legal opinions on international law matters, incorporating companies in foreign countries, and international tax planning (Gibraltar Trusts, Liechtenstein Foundations, Delaware LLCs, etc.).

He is also an expert in the following areas:

– Real Estate Law

– Maritime Law

– Aviation and Avionics Law

– Aerospace Law

– Energy Law

– Pharmaceutical Law

– Patents and Trademarks

– Artificial Intelligence Law

– Robotics Law

– Blockchain Law

 

Today, Francesco owns SMAF & Associates law firm, which has flourished since it was founded over 15 years ago. With extensive experience practicing commercial and comparative law, as well as criminal and civil litigation, Francesco has devoted his professional life to seeking justice on behalf of his clients and perpetuating the tradition of SMAF & Associates by providing superior legal support to all its clients.

 

Francesco has countless victories to his credit, but his greatest professional accomplishment remains the stability and hope he brings his clients. He achieves this by securing their commercial credits and protecting their businesses through legal victories and optimal legal solutions.

 

Francesco prides himself on representing his clients as both their friend and attorney, and he provides quality referrals for legal matters outside his own practice areas.

 

Francesco has published articles in the Italian law review “Commercio Internazionale,” IPSOA Edition. He is also involved in international investments, having written guides to investing in Argentina, Brazil, and Egypt for private circulation at various conventions of different industrial associations (Venice, Padua, Treviso). He has been a lecturer at seminars (on international contracts and community, national, and international financing facilities) at Unindustria Padova, and a lecturer and speaker at Ass. Ind. Venezia.

 

Bar Admission

  • Italy, 1998
  • Bologna Bar, 2002

 

Languages: Italian (native), English (professional working proficiency), French (intermediate), German (intermediate), Chinese (HSK3).

 

Joined the Law Firm in 2002

 

Lawyer’s Areas of Practice

  • Administrative Law
  • Admiralty & Maritime Law
  • Arbitration & Mediation
  • Banking & Finance Law
  • Bankruptcy & Debt Relief
  • Business Law (Corporate, Commercial, Contracts, Mergers & Acquisitions)
  • Civil Litigation
  • Criminal Law (Accident & Personal Injury)
  • Employment Law
  • Estate Planning, Will & Probate
  • Government Law
  • Insurance Law
  • Intellectual Property Law (Patents & Trademarks)
  • International Law
  • Landlord & Tenant Law
  • Personal Injury & Workers’ Compensation
  • Real Estate Law
  • Science & Technology Law
  • Tax Law

 

Career & Professional Experience

  • Wrote guides to investing in Argentina, Brazil, and Egypt for private circulation at several conventions of different Industrial Associations (Venice, Padua, Treviso).
  • Lecturer at seminars (on international contracts and community, national, and international financing facilities) at Unindustria Padova; lecturer and speaker at Ass. Ind. Venezia (on Polish investments).
  • Completed a Basic Course in Marketing, March–July 2001 (Marketing Management General Partnership SAS), Padua.
  • Work period at an American law firm, August 2001 (Law firm of Steven Oppenheim, Esq., 800 Brickell Avenue, Suite 1115, Miami, Florida 33131), Miami, United States, in the following practice areas:
  • American bylaws and contracts
  • Joint ventures
  • Real estate transactions
  • The American trial system
  • Four-year experience (1996-2000) at the University of Padua as an examiner in jurisprudence, participation in professorial congresses and seminars, lecturer in university seminars, OPAC and internet research, supervisor for bachelor’s theses, writing a doctoral thesis for his own prolusion, and reading original texts in English and French.

 

Publications

  • Published the following books with WOLTERS KLUWER Editions (titles in Italian, not translated):
  • 1) INDIA. COMMERCIAL, CUSTOMS AND TAX LAW, Germano Franceschin, Francesco Misuraca, July 2011, 420 pp. Hardcover;
  • 2) INDIA: DIRITTO COMMERCIALE, DOGANALE E FISCALE, Franceschin Germano and Misuraca Francesco, Year: July 2006, Pages: 605;
  • 3) INVESTIRE NELLE REPUBBLICHE BALTICHE, Dalla Verità G.M., Franceschin Germano, Misuraca Francesco, Year: June 2006;
  • 4) INVESTIRE IN… TURCHIA, E-book, Conserva Martino, Misuraca Francesco — Wolters Kluwer – IPSOA 2012, pages 173;
  • 5) FARE BUSINESS IN…AUSTRIA, E-book, Conserva Martino, Misuraca Francesco — Wolters Kluwer IPSOA, 2015, pages 142;
  • 6) FARE AFFARI IN…NORVEGIA, E-book, Conserva Martino, Misuraca Francesco — Wolters Kluwer – IPSOA 2015, pages 141.
  • Published the following recent articles in the journal and on the website “Commercio Internazionale,” IPSOA Editions (titles in Italian, not translated):

    1) Inserto Affari & Commercio su: Marocco n. 7/2010; 2) Inserto Affari & Commercio su: Hong Kong n. 11/2010; 3) Inserto Affari & Commercio su: Sudafrica n. 2/2011; 4) Inserto Affari & Commercio: Romania n. 8-9/2012; 5) Inserto Affari & Commercio: Australia n. 10/2012; 6) La Srl Russa, il contratto di agenzia e la pianificazione commerciale e fiscale, n. 12/2013; 7) Inserto Affari & Commercio: Guatemala n. 1/2014; 8) Inserto Affari & Commercio: Canada n. 6/2014; 9) Inserto Affari & Commercio: Irlanda n. 12/2014; 10) Inserto Affari & Commercio: Bielorussia n. 3/2015; 11) Investire in Lituania, società a responsabilità limitata (UAB), marchi brevetti e fiscalità, n. 6/2015; 12) Inserto Affari & Commercio: Liechtenstein n. 8-9/2015; 13) Inserto Affari & Commercio: Austria n. 11/2015; 14) Inserto Affari & Commercio: Norvegia n. 2/2016; 15) L’holding spagnola: ETVE , n. 4/2016; 16) Panama e la IBC, n. 8-9/2016; 17) Inserto Affari & Commercio: Panama n. 12/2016.

 

Education

  • 1989-1995: LUISS (Free International University of Social Studies), Rome, Via Pola 12, Bachelor’s in Jurisprudence (Score: 110/110).
  • 1996-1999: University of Padua; Achieved the title of Doctor of Philosophy in Philosophy of Law in March 2000.

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