Industrial Designs Law in Italy
Here’s an overview of industrial designs law in Italy:
🇮🇹 Industrial Designs Law in Italy
🔹 Governing Law
Industrial designs in Italy are protected under the Italian Industrial Property Code (Codice della Proprietà Industriale - Legislative Decree No. 30/2005).
The competent authority for registration is the Italian Patent and Trademark Office (UIBM).
Italy is a member of several international treaties and agreements:
Paris Convention
Hague Agreement (for international registration of industrial designs)
TRIPS Agreement
European Union Intellectual Property Office (EUIPO) (for Registered Community Designs)
🔹 What Can Be Protected?
Industrial designs protect the appearance or aesthetic aspect of a product or part of a product.
This includes:
Lines
Contours
Colors
Shape
Texture
Materials
The design must be new and have individual character (distinctiveness).
Functional or technical aspects are excluded from protection under industrial design law.
🔹 Registration Process
National Registration
Application is filed with the UIBM.
Formal examination for compliance with filing requirements.
Registered designs are published in the official industrial designs bulletin.
Community Registration
Application can also be filed with EUIPO for Registered Community Design (RCD), which protects the design across all EU member states including Italy.
International Registration
Italy is a member of the Hague System, so applicants can file international design applications through WIPO designating Italy.
🔹 Duration and Renewal
Initial protection term is 5 years from the filing date.
Renewable up to 4 times, each renewal for 5 years.
Maximum protection period is 25 years.
🔹 Rights Granted
Exclusive rights to use, produce, market, license, or assign the design.
Right to prevent unauthorized third parties from making, selling, or using products with the protected design.
🔹 Enforcement
Enforcement through Italian courts.
Remedies include injunctions, damages, destruction or recall of infringing products.
🔹 International Treaties
| Treaty | Status |
|---|---|
| Paris Convention | Member |
| Hague Agreement | Member |
| TRIPS Agreement | Member |
| EU Community Design Reg. | Applicable |
Summary Table
| Aspect | Details |
|---|---|
| Governing law | Italian Industrial Property Code (Legislative Decree No. 30/2005) |
| Authority | Italian Patent and Trademark Office (UIBM) |
| Duration | 5 years, renewable up to 25 years total |
| Registration | Required |
| Rights granted | Exclusive use, licensing, assignment |
| Enforcement | Italian courts |
| International treaties | Paris, Hague, TRIPS, EU Community Design |
Key Takeaway
Industrial designs in Italy are protected under national law via UIBM, or through EU Community Design registration for broader European protection.
RELATED Blog
0 comments