23 May 2019Jurisdiction reportsClaudio Balboni and Tommaso Puggioli

Italy jurisdiction report: Changes to the Italian IP Code

Such decree works towards regulatory harmonisation between Italy and the EU by transposing Directive 2015/2436’s general provisions into domestic law.

The core of this law essentially resembles the laws included in the Regulation 2017/1001 of the European Parliament and of the Council on the EU trademark (EUTM, former Regulation 2015/2424), although some differences do exist.

Moreover, the Italian law has been implemented with various new provisions and procedures before the Italian Patent and Trademark Office.

The aim of this article is to give an overview of the most important Italian provisions that are effective as of March 23, 2019.

Following this reform, the certification trademark was introduced into the Italian IP Code. The provisions governing this new trademark are similar to the European ones, but the main difference is that the Italian PTO can turn down an application if the trademark is deemed to be a hindrance to similar initiatives “in the region”.

Additional new provisions that concern both the certification and the collective trademark are those establishing that the nullity of such trademarks following the violation of a certain law included in the regulations governing the use of the trademark can be overturned if the owner agrees to accept such regulation.

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