The Bill of government initiative on the reform of the Code of Industrial Property, approved by the Senate on May 2, now passes the examination of the Chamber of Deputies.
Not a few and important innovations, all basically marked to give practical implementation to the PNRR also in terms of industrial property (which is one of the most important areas for the economic and technological development of each country). In a nutshell:
1. reversing the previous legislation, it is now established that the rights on inventions made by the staff of universities and research institutes are the property of the institution to which the inventor belongs (without prejudice to the latter’s right to be recognized and mentioned author of the found). This is in order to encourage the direct economic exploitation of patents by research institutions and institutes (with the creation of specific Technology Transfer Offices) and thus to implement synergies with user companies and with the world of work;
2. in order to better protect the national heritage of protected geographical indications and designations of origin, a formal prohibition on the registration of trademarks that are usurped or evoked by such indications and designations shall be established;
3. temporary protection of industrial designs displayed at national and international trade fairs is recognised;
4. the possibility of postponing payments in respect of the filing of applications for the registration of patents and trademarks is introduced and the possibility of obtaining the reinstatement of rights expired due to failure to comply with deadlines is confirmed, for the performance of certain activities, upon payment of a specific late payment fee;
5. The appeal procedures before the Appeals Committee of the Italian Patent and Trademark Office are simplified.
This Newsletter will provide prompt information on the final launch of the reform law as soon as it is also approved by the Chamber of Deputies.
