The “Lines of strategic intervention on the industrial property for the years 2021-2023” were adopted by Italy’s Ministry of Economic Development on June 23, 2021. The effort is part of the National Recovery and Resilience Plan (PNRR), which was created in response to the COVID-19 pandemic.
The strategic intervention plan was able to integrate stakeholders’ comments, including law firms, universities, not-for-profit organizations, corporations, and other interested parties, thanks to a preceding public consultation performed by Italy’s Patent and Trademark Office (PTO).
Despite the fact that the strategic intervention plan’s aims are lofty, the time frame for achieving them is quite short. The Ministry of Economic Development hopes to have completed five lines of intervention, referred to as “challenges,” by 2023:
- Improve Italy’s IP protection system
- Encourage the use and spread of IP, in particular by small and medium-sized enterprises (SMEs)
- Increase knowledge of, and ease of access to, patents
- Guarantee more rigorous enforcement of IP rights (IPRs)
- Strengthen Italy’s role in IP at the international level
The strategy aims to achieve the following primary objectives in order to overcome these challenges
- Amend the Italian IP Code, In view of current legal changes at the European level, notably design legislation (e.g., on the protection of new types of graphic designs such as animated graphical user interfaces, augmented reality, and holograms). Furthermore, trademark law will be changed to prevent trademarks from evoking geographical indications (GIs) from being registered. This action would strengthen the safeguards granted to this type of intellectual property, which is critical to the local economy of many Italian regions.
- Deflate the IP litigation system, chiefly by allowing the UIBM to invite parties to find settlements on the nullity and revocation of trademarks at the administrative level.
- Complete the subscription to the World Intellectual Property Organization’s (WIPO) Digital Access Service (DAS). This system enables priority and similar documents to be provided to participating trademark offices without the need to obtain and send certified paper copies of an application.
- Study a new telematic support infrastructure for the management of all IP applications and registrations. This network, based on the most advanced data processing technologies, is to be capable of both integrating existing systems and databases and enriching them with new and more advanced user-support services. Along similar lines, the plan promises the continuance of IBM’s current electronic filing system with the addition of facilitating textual searches of documents included in the national database.
- Update anti-counterfeiting legislation to simplify the assessment, storage, confiscation, and destruction of counterfeit products. The plan commits to prevent and fight counterfeiting and piracy in the longer term by further strengthening the partnership between Italy’s Ministry for Economic Development and law enforcement agencies such as Guardia di Finanza.
- Improve access to economic contributions toward the fees and expenses connected with the obtainment of IP rights. To date, the Ministry for Economic Development’s incentive programs “Brevetti+,” “Marchi+” and “Disegni+” have granted over 80 million Euros to Italian companies.
- Continue supporting startups in obtaining patents. Currently, the so-called “Voucher 3i” program subsidizes the costs for verification of patentability services in addition to drafting and filing fees.
- Elevate the standing of the Italian IP sector at the international level. In acknowledging that IP protection policies are of growing geopolitical importance, the strategic intervention plan undertakes several policies. To begin with, Italy’s active involvement in global IP talks as well as the development of bilateral IP ties with other IP offices. Second, Italy’s promise to support the Unitary Patent’s future implementation. Third, Italy will continue to promote Milan as a location for one of the European Patent Court’s headquarters. To attain these international goals, the strategy relies on tight collaboration between the Ministry of Economic Development and the Ministry of Foreign Affairs and International Cooperation. Furthermore, an alignment of purpose with the Italian network of embassies and representative offices inside international organizations will be formed.
IP is intended to play a crucial role in helping Italy’s recovery in the face of the COVID-19 crisis and promoting a reinvigorated and emboldened economy, ready to meet the needs of a fast-changing economic environment, according to the strategic intervention plan.
The list of Italy IP Firms can be found here.