Amendments to the Italian Code of Industrial Property

It has been published on the official journal No. 176 of 31.07.2009 the law No. 99/2009, which has modified also the Italian Code of Industrial Property. Listed below are some of the most important new provisions: - as to invention patents and utility models, the "interior priority" has been introduced: the national filing gives the priority right also with regards to a subsequent trademark application filed in Italy, in relation to details already inserted in the application whose priority has been claimed; - for the invalidity and counterfeit actions filed before the right has been granted, the judge, taking into consideration the circumstances, suspends the process - such provision is applicable to the pending proceedings on the date of the coming into force of said law (15 August 2009); - the activity of manufacturing, offering or selling of products made in accordance with designs or models which were or have come into public property and carried out prior to 19 April 2001 (for which the protection granted under copyright does not operate) can continue within the limits of the pre-use.

08/06/2009 | Legal