Entry into force of Legislative Decree no. 15/2019, amending Italian Industrial Property Code (CPI)

On the 23rd of March 2019 is entered into force the Legislative Decree no. 15/2019, which transposes into national law the Directive (EU) 2015/2436.

Some of the most important provisions introduced are the following: removal of the graphic representation requirement in the trademark definition (art. 7 CPI); introduction of the absolute grounds for refusal of trademarks which consist of signs protected as designations of origin or geographical indications, traditional terms for wine and traditional specialties guaranteed and trade marks which consist of an earlier plant variety denomination registered (art. 14 CPI); introduction of certification marks regulation (art. 11-bis CPI).

Moreover, a new Section II-bis is inserted into the CPI, consisting of 9 new articles (from art. 184-bis to art. 184-decies CPI), providing regulation of the new administrative procedure for national trademarks revocation and trademark declaration of invalidity. Accordingly, as an alternative of parties' right to appeal to the courts, eligible entities could file an application for trademark revocation or for a trademark declaration of invalidity before the Italian Patents and Trademarks Office.

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