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INDUSTRIAL PROPERTY LAW

Italian Industrial Property Code deeply amended in light of technological developments.

With the assignment to the 10th Permanent Commission (Industry, Commerce, Tourism) of the Senate of the Republic, the parliamentary examination of the government initiative bill concerning the revision of the Industrial Property Code, in the text that had been examined and approved, essentially begins by the Council of Ministers last April.

Here is the link to the fact sheet published on the website of the Senate of Act n.2631 in which the text and related reports of the bill are published and with which it will be possible to follow the process with the related parliamentary discussions: Bill S. 2631.

The bill represents the most important intervention of the Strategic Plan for the reform of the industrial property system (Industrial Property, the Strategic Intervention Lines for the three-year period 2021-2023 adopted by decree) defined by the Minister of Economic Development on 23 June 2021, after a public consultation and for the realization of which 30 million euros were also allocated from the PNRR.

An intervention, the latter, functional to protect industrial property that aims to strengthen the technological and digital competitiveness of companies and national research centers by facilitating and enhancing the knowledge, use and dissemination of the patent protection system in order to to encourage investments and the technological transfer of inventions from the world of research to production.

Among the innovations that will be introduced with the revision of the Code, greater simplification and digitization in administrative procedures, the temporary protection of designs and models in the context of trade fairs, the possibility of postponing the payment of patent fees by recognizing the protection from the date application, the strengthening of preventive control on patent applications useful for the defense of the State as well as a strengthening of the protection of geographical indications and designations of origin of products with respect to imitative phenomena.

With these interventions, Italy is among the European countries at the forefront in responding to the impulse of the European Commission formulated with the Action Plan on intellectual property to support recovery and resilience.
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