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.

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