INDUSTRIAL PROPERTY LAW
Ministry of Enterprises and Made in Italy (MIMIT): the provision in the Made in Italy Law for the protection of trademarks of particular national interest and value is operational.
By means of a special decree issued by the Head of the Department for Enterprise Policies, the Ministry of Enterprise and Made in Italy, with the publication in the Official Gazette, renders operative the Ministerial Decree of 3 July 2024, by which the MIMIT issued the implementing provisions of Article 7 of the so-called ‘Collegato Made in Italy’ (Law No. 206 of 27 December 2023).
The aim of the provision is to avoid dispersing the heritage represented by Made in Italy trademarks with at least 50 years of history, which enjoy a significant notoriety and are used for the marketing of products or services made by a national productive enterprise of excellence linked to the national territory.
Starting from next 2 December 2024, companies intending to terminate the activity linked to a trademark of particular interest and national value (not subject to transfer for consideration) will be able to send, through a special format defined by the Ministry, their termination project to the Directorate General for Industrial Policy, Industrial Conversion and Crisis, Innovation, SMEs and Made in Italy (DGIND) of MIMIT.
The General Directorate, within three months from the receipt of the project, in case it expresses the interest to take over the ownership, will proceed to the preparation of the deed of free transfer of the trademark by the company.
The national or foreign company that intends to invest in Italy or transfer to Italy production activities located abroad and interested in using one or more trademarks owned by MIMIT, may then submit a specific request to the Mission Unit for the Attraction and Unlocking of Investments (UMASI).
The licence agreement by which MIMIT makes the trademark available is terminated if the licensee company ceases its activity or relocates its production plants outside the national territory.
The aim of the provision is to avoid dispersing the heritage represented by Made in Italy trademarks with at least 50 years of history, which enjoy a significant notoriety and are used for the marketing of products or services made by a national productive enterprise of excellence linked to the national territory.
Starting from next 2 December 2024, companies intending to terminate the activity linked to a trademark of particular interest and national value (not subject to transfer for consideration) will be able to send, through a special format defined by the Ministry, their termination project to the Directorate General for Industrial Policy, Industrial Conversion and Crisis, Innovation, SMEs and Made in Italy (DGIND) of MIMIT.
The General Directorate, within three months from the receipt of the project, in case it expresses the interest to take over the ownership, will proceed to the preparation of the deed of free transfer of the trademark by the company.
The national or foreign company that intends to invest in Italy or transfer to Italy production activities located abroad and interested in using one or more trademarks owned by MIMIT, may then submit a specific request to the Mission Unit for the Attraction and Unlocking of Investments (UMASI).
The licence agreement by which MIMIT makes the trademark available is terminated if the licensee company ceases its activity or relocates its production plants outside the national territory.
