The regulation relating to the implementation of the Code of Industrial Property has entered into force

On 10 March 2010 the regulation relating to the implementation of the Code of Industrial Property entered into force (the regulation has been published as Decree No. 33 dated 13 January 2010 on the Official Gazette No. 56 of 9.3.10). The more important Articles are those concerning European and international patent filings, prior art searches of patent applications, topography and publication of patents and trademarks. The main novelty is however represented by Articles 46-63 relating to the opposition proceedings for Italian trademarks. In this way, Italy has come into line with other European Countries (eg United Kingdom and France) that have adopted this type of procedure so long. Trademarks’ holders, who deem to have been damaged, will no longer be forced to instigate ordinary proceedings, but may take advantage of an accelerated administrative proceedings. In fact the opposition proceedings will have to be closed within 24 months and could also be settled. Anyway the UIBM (Italian Patent and Trademark Office) is still organizing itself in order to take over the management of the proceedings in suit.


03/15/2010 | Legal