The Industrial Property Code is a set of rules and regulations governing the rights and protections for inventions, designs, models, trademarks and patents in Italy. It is designed to protect creativity and innovation by granting creators the exclusive right to the commercial use of their inventions or designs for a fixed period of time, thereby incentivising further innovation and development.
Recently, the Industrial Property Code has been reformed, introducing significant changes in various aspects. Here is a list of the most relevant points:
- Temporary Protection of Designs at Trade Fairs. The possibility is introduced for anyone to apply for temporary protection for designs or models exhibited at trade fairs, both in Italy and abroad, provided that the foreign State offers reciprocal treatment. This protection is granted by a decree of the Ministry of Enterprise and Made in Italy and guarantees priority registration, provided the application is filed within 6 months of the date of the exhibition
- Legal ownership of inventions made in the academic and research environment. When an industrial invention is made within the framework of a contract with a university or research organisation, the rights to the invention belong to the inventor’s home institution. However, the inventor has the right to be recognised as the author of the invention. In the case of inventions made by several people, the rights are shared equally, unless otherwise agreed.
- Technology transfer offices. Universities and research institutions can set up specialised technology transfer offices, including in an associative form. These offices have the task of promoting the exploitation of industrial property titles and facilitating collaboration with companies.
- Relationship between European and Italian patents: If both an Italian patent and a European patent valid in Italy are granted for the same invention, both maintain their effects and coexist.
- Increased administrative penalty: The penalty for falsely placing indications on an object to make it appear that it is protected by a patent, design, model, topography or registered trade mark has been increased. Sanction ranges from €150 to €1,500.
These changes represent an important step in the protection of industrial property in Italy, reflecting the changing innovation and research landscape.
Examples of Industrial Property Protection with the new IPC
The Industrial Property Code offers numerous tools to protect and enhance innovations and intellectual creations. Here are three practical examples of how companies can make use of them:
- Protection of a New Product Design at a Trade Fair: An Italian design company presents a new lamp model at an international trade fair. Using the provisions of the Code, the company can apply for temporary protection for this design, securing a competitive advantage. If the model receives positive attention, the company has six months to file an application to register the design, thus securing priority and protection against possible imitations.
- Development of a New Technology in Collaboration with a University: A technology company collaborates with a university to develop a new wireless charging technology. Thanks to the Code’s regulations, the rights to the invention belong to both the company and the university. This not only encourages collaboration between industry and academic research, but also ensures that both parties can benefit commercially from the innovation.
- Handling of Patents through the Technology Transfer Office: A pharmaceutical company develops a new drug and patents it. To maximise the commercial value of its patent, the company uses the technology transfer office of a research organisation with which it collaborates. This office helps the company identify potential commercial or academic partners, facilitating licensing agreements or research collaborations that can accelerate further development or application of the drug.
In all these examples, the Industrial Property Code provides an essential legal framework to protect innovation and encourage investment in research and development, ensuring that companies can fully exploit their intellectual creations.
