Designs—Italy—Q&A guide

The following IP practice note provides comprehensive and up to date legal information covering:

  • Designs—Italy—Q&A guide
  • 1. What is the relevant legislation?
  • 2. Are design rights considered to be distinct or treated as patent rights?
  • 3. Which agency is responsible for registration and grant of design rights?
  • 4. Is there any overlap between design rights and other rights?
  • 5. What protection and rights are there for unregistered designs?
  • 6. How much use is generally required to establish unregistered design rights?
  • 7. What exclusions apply to unregistered design rights?
  • 8. Who can apply for and own a design?
  • 9. What may and may not be protected?
  • More...

Designs—Italy—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to designs in Italy published as part of the Lexology Getting the Deal Through series by Law Business Research (published: August 2021).

Authors: GLP Intellectual Property Office—Davide Luigi Petraz; Carmela Barilà; Arianna Dalla Longa

1. What is the relevant legislation?

Italian legislation has provided protection to industrial models since 1940 through utility models protecting both the efficacy or convenience of machinery and its parts and ornamental designs and models.

In 1998, the European Directive 87/71/EC on the legal protection of designs was enacted with the aim of harmonising the design protection laws of the member states. Italy executed the Directive by amending its national laws on designs. On 10 February 2005 the Italian Code of Industrial Property was introduced by the Legislative Decree 30. Its purpose was not only to simplify and modernise the subject matter by gathering under one single text all the existing IP laws, but also to harmonise the national regulations with Community law and international conventions. In March 2010, the Implementing Regulation of the Industrial Property Code was published with the aim to define and simplify the procedures for filing applications, appeals, deeds and petitions specified by the Code itself. Subsequently, in August 2010, Legislative Decree 131 was issued with the scope of updating the Industrial Property Code by creating a single legal text

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