Recent revision to Intellectual Property Code in Italy 2024-08-22
Last year, in August 2023, major changes to the Italian Intellectual Property Code (IPC) became effective.
The revisions aim to streamline IP registration and enforcement in Italy, introducing administrative simplification and digitalisation of procedures for businesses and aligning Italian IP laws more closely with European standards, also strengthening the competitiveness of the country's system.
These changes are part of the ‘Strategic Intervention on Intellectual Property,’ adopted to support Italy’s National Recovery and Resilience Plan and enhance Italy’s global competitiveness.
The key changes are summarised below:
University Staff Inventions
The revisions provide adjustments to how IP created by university staff is handled, possibly affecting ownership and commercialization of inventions.
Double Patenting Regime
As a new rule, Italian patents will remain valid even if the corresponding European patent is cancelled or forfeited. This is significant for patent defense strategies, especially with the Unified Patent Court handling European patents.
Temporary Protection for Designs
Designs and models displayed at trade shows now receive temporary IP protection from the date of display. This prevents the display from invalidating the design’s registrability and allows for seizure of counterfeit goods shown at exhibitions.
Patent Filing Fees
Applicants can now defer patent filing fee payments for up to one month. This aligns Italy with practices in other regions, reducing competitive disadvantages for Italian patent applicants.
Geographical Indications and Designations of Origin
Trademarks that misuse or imitate geographical indications or designations of origin will be blocked. This harmonizes Italian law with EU regulations and strengthens protection for these IP rights.
Companies using these designations can now oppose trademark registrations through the relevant Ministry, even if they are not part of a formally recognized consortium.
Paper documentation requirements are removed, appeals processes are streamlined, and the term for the board of appeals has been extended.
A new option for reaching agreements in trademark invalidity and revocation cases allows for a two-month initial period, extendable up to a year.
Overall Impact
The revisions align Italy’s IP laws more closely with European standards, simplifying processes and enhancing protections. The changes are designed to support Italian companies and research organizations, promoting innovation and improving IP management. These revisions are significant as they modernize Italy's IP system, making it more competitive and efficient in the global marketplace.
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The revisions aim to streamline IP registration and enforcement in Italy, introducing administrative simplification and digitalisation of procedures for businesses and aligning Italian IP laws more closely with European standards, also strengthening the competitiveness of the country's system.
These changes are part of the ‘Strategic Intervention on Intellectual Property,’ adopted to support Italy’s National Recovery and Resilience Plan and enhance Italy’s global competitiveness.
The key changes are summarised below:
University Staff Inventions
The revisions provide adjustments to how IP created by university staff is handled, possibly affecting ownership and commercialization of inventions.
Double Patenting Regime
As a new rule, Italian patents will remain valid even if the corresponding European patent is cancelled or forfeited. This is significant for patent defense strategies, especially with the Unified Patent Court handling European patents.
Temporary Protection for Designs
Designs and models displayed at trade shows now receive temporary IP protection from the date of display. This prevents the display from invalidating the design’s registrability and allows for seizure of counterfeit goods shown at exhibitions.
Patent Filing Fees
Applicants can now defer patent filing fee payments for up to one month. This aligns Italy with practices in other regions, reducing competitive disadvantages for Italian patent applicants.
Geographical Indications and Designations of Origin
Trademarks that misuse or imitate geographical indications or designations of origin will be blocked. This harmonizes Italian law with EU regulations and strengthens protection for these IP rights.
Companies using these designations can now oppose trademark registrations through the relevant Ministry, even if they are not part of a formally recognized consortium.
Paper documentation requirements are removed, appeals processes are streamlined, and the term for the board of appeals has been extended.
A new option for reaching agreements in trademark invalidity and revocation cases allows for a two-month initial period, extendable up to a year.
Overall Impact
The revisions align Italy’s IP laws more closely with European standards, simplifying processes and enhancing protections. The changes are designed to support Italian companies and research organizations, promoting innovation and improving IP management. These revisions are significant as they modernize Italy's IP system, making it more competitive and efficient in the global marketplace.