Italian Code of Industrial Property: towards a reform

A few days ago, the news of the approval of the proposal of the Council of Ministers concerning the reform of the Italian Industrial Property Code was announced.

The aim of this proposal is, in fact, to "promote the culture of innovation and the instruments for the defence of industrial property rights which, thanks to the protection of ideas and inventions, ensure to the made in Italy companies an important competitive lead on the markets", as said by the Italian Minister of Economic Development Giancarlo Giorgetti.

Many novelties are contained in the document: overturning of the so-called professor privilege, more simplified and digitized administrative procedures, temporary protection of designs at expo, the possibility to postpone the payment of patent fees by recognizing protection from the date of application, enhancement of prior checking on patent applications useful for the defence of the State as well as a reinforced protection of geographical indications and designations of Origin of goods against counterfeiting.

Failed opportunity for the introduction of a specific provision regarding compulsory licensing of patent rights in case of public health issues.

In Italy, in fact, there are two possibilities for obtaining a compulsory license, all regulated by the Intellectual Property Code:

1. for lack of exploitation of a patent (Art. 70 IPC);
2. for dependent patent (Art. 71 IPC, and Art. 81octies IPC on biotechnology and plant varieties pursuant to the implementation of the Biotech Directive).

The legislative proposal will go to Parliament.

For more information you can contact Margherita Barletta at the address: m.barletta@bmv-ltf.com