ITALY: design and copyright

The Conversion Law No. 106 of 12 July 2011 of the Development Decree-Law No. 70/2011 has completely cancelled paragraph 10 of section 8 of said decree, that would have further amended section 239 of the Italian Industrial Property Code (D.L. No. 30/ 2005), to the detriment of design producers. Therefore, the protection under copyright law of industrial design works fallen into public domain and produced before 19 April 2001 is still set forth by the latest reform of section 239 of the IP Code introduced by the D.L. No. 131/2010, regardless whether the industrial works have been registered as designs and models or not. During the procedure for conversion of the decree into law, the Parliament repealed the amendment of sec. 239 of the IP Code introduced by the Development Decree-Law No.70/2011. Therefore the text remains unchanged as introduced by the Legislative Decree No. 131/ 2010, i.e.: "The protection granted to designs and models pursuant to section 2, No.,10 of Law No. 633 of 22 April1941, includes those industrial design works which were or had become part of the public domain before 19 April 2001. However, the third parties who had manufactured or commercialized, in the twelve months prior to/before 19 April 2001, products similar to industrial designs works which were in public domain at that time are not deemed liable for copyright infringement they carried out by continuing such activity after said date, only with reference to the products they manufactured or purchased before 19 April 2001 and those they manufactured in the following five years and provided that such activity was carried out within the limits, also quantitative, of the prior use".


10/17/2011 | Design