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INDUSTRIAL PROPERTY LAW

Council of Ministers: bill to amend the Industrial Property Code approved.

The Council of Ministers approved a bill to amend the Industrial Property Code under Legislative Decree No. 30 of February 10, 2005.

The bill is part of the reform of the industrial property system envisaged in Milestone M1C2-4 of the NRP, consistent with the "Action Plan on Intellectual Property to Support EU Recovery and Resilience" adopted by the European Commission.

The objectives are mainly to strengthen the competitiveness of the country's system and the protection of industrial property; administrative simplification; and digitization of industrial property title procedures.

With the measure, among other things:
  • a ban is introduced on the registration of trademarks evocative of or usurping geographical indications and protected designations of origin;
  • temporary protection of designs exhibited at national or international trade fairs is recognized; 
  • it is stipulated that the rights arising from inventions made by research personnel belong to the structure to which the inventor belongs, without prejudice to the inventor's right to be recognized as the author; and, at the same time, the autonomy of universities, public research institutions and IRCCSs is recognized to regulate the rewards related to inventive activity;
  • preventive control is strengthened with respect to the filing related to patent applications potentially useful for the defense of the country and the procedure is speeded up;
  • the timeframe of judgments at the Board of Appeals against the measures of the Italian Patent and Trademark Office is accelerated;
  • the obligation to transmit to the UIBM the paper documents filed with the Chambers of Commerce is abolished;
  • the tutelary role of the Ministry of Agriculture, Food Sovereignty and Forestry for the protection of designations of origin and geographical indications is provided for, in the absence of Protection Consortia;
  • the compulsory period of apprenticeship for the purpose of admission to the examination to practice as a consultant in industrial property is reduced from eighteen to twelve months;
  • it is provided that the regularization of late payments inherent in industrial property titles shall be subject to the payment of the late fee for each incomplete or irregular annuity.
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