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Amendments to Trademark Laws

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Aug 23, 2023 (Newsletter Issue 7/23)
Italy
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Industrial Property Act Amended


Law No. 102 of July 24, 2023, amending the Industrial Property Code, Legislative Decree No. 30 of February 10, 2005, was published in the Official Gazette, General Series, No. 184 of August 8, 2023. The law took effect on August 23, 2023.

The amendment has to two fundamental objectives: 1) the strengthening of the competitiveness of the country's system and the protection of industrial property; and 2) the administrative simplification and digitalization of procedures.

Most important steps:

- Protection of geographical indications and designations of origin strenthened.
Trademark registrations that include words, designs or elements that cause detriment to the Italian national image or reputation can be revoked.

- So-called Professor privilege overturned.
The ownership of inventions made by research personnel in the university environment is attributed in the first instance to the structure to which they belong and, only in case of inertia of the latter, to the researcher.

- Deadline for payment of patent filing fees prolonged.
Application filing fees may be payed within one month after the filing date with the filing date being kept.

- Obligation to send paper documents to IPO abolished.
A new provision allows the use of the e-filing system once the digital identity of the user is certified.

- Acceleration of procedures and decisions.
The term between the notification of the invalidity or revocation action to the parties and the hearing at the Board of Appeals has been reduced from 40 to 30 days.

Source: www.uibm.mise.gov.it