The Blog

Changes to the Industrial Property Code

With the publication of Italian Law No. 99/2009 regarding “Provisions for the development and the internationalisation of enterprises and the energy sector.” in the Official Gazette No. 176 of 31/7/2009, the changes made by this law to the Penal Code and to the Industrial Property Code, previously adopted with Legislative Decree No. 30 of 10 February 2005, have become operative. In particular, amongst the main changes introduced into the penal code by Law No. 99/2009, it is appropriate to underline the increases in sanctions for the infringement of trade marks and counterfeiting goods. In addition, Law No. 99/2009 has modified Article 47 of the Industrial Property Code by introducing the so-called “internal priority”, or rather the possibility of filing an Italian patent application and claiming, within twelve months, the priority of an earlier national filing. The complete text of Law No. 99/2009 can be consulted on this page of the Italian Parliament’s website.

Change in European patent fees

As from today, changes in European patent procedure fees have come into force. The new fee rates can be consulted on this page of the European Patent Office website

Industrial Property Code Implementation Regulations

The Italian Ministry of Economic Development has recently announced final approval of regulations to implement the Industrial Property Code previously adopted with Legislative Decree No. 30 of 10 February 2005. The new regulations, published in Official Gazette No. 56 of 9 March 2010, are the result of long discussions between the competent offices of the Ministry of Economic Development and the representatives of the industrial property consultants, and adopt the disciplinary requirements for filing applications and petitions and the methods of applying regulations to the trade mark challenge process. The main innovation introduced by the regulations in question is precisely these implementation rules for the process of challenging the granting of national trade marks. The complete text of the Regulations can be consulted on this page of the Italian Patent and Trade Mark Office website.

Montenegro and EPO sign an extension agreement on European Patent protection

On 13 February, Montenegro and the European Patent Office (EPO) signed an extension agreement that will enter into force on 1st March 2010 and according to which all European and international patent applications shall be automatically extended to Montenegro. Alternatively, for patents granted or deriving from patent applications filed before 1st March 2010, it shall still be possible to enforce the extension and cooperation agreement signed between EPO and the Federal Republic of Yugoslavia, which came into force in November 2004. The signing of the agreement between Montenegro and EPO brings the number of states in which it is possible to apply for the protection of industrial inventions by means of the European Patent to thirty nine. For further information, consult this page on the EPO website.

Conference on “Evaluation and exploitation of intangible asset: Trade Marks, Patents and Models”

A conference will be held on 23 June at the Ravenna Chamber of Commerce, Industry, Crafts and Agriculture, entitled “Evaluation and exploitation of intangible property: Trade Marks, Patents and Models” and organized by the Ravenna Chamber of Commerce’s Azienda Speciale Eurosportello (European information centre) in collaboration with R&A. Information on the conference programme and speakers can be found at the following address.