Estados Unidos de América

Italia

Dibujos y modelos industriales

8. Please describe the methods by which industrial designs are protected in Italy, in particular: (a)the form or forms of intellectual property used to protect the design (e.g., patent, copyright, sui generis); (b)the conditions that must be satisfied to obtain the grant of such protection (e.g., whether designs must be new or original and the parameters of these concepts), and a brief description of the registration or granting procedure; (c)the nature of the rights granted and the term of protection provided; (d)the nature of remedies available to the owner of each type of protection, including a description of the conditions that may be imposed (e.g., whether commercial use is required); and (e)whether any exceptions to protection or rights exist for each type of intellectual property involved.

(a)Designs or models are protected by patents in Italy. In this regard, it should be noted that Article 1 of Royal Decree No. 1411 of 25 August 1940 makes reference, as appropriate, to the provisions included in Royal Decree No. 1127 of 29 June 1939 concerning patents for inventions. (b)For the purposes of registration, designs or models must be both new and original. Novelty must be assessed according to the criteria applicable to patents for inventions (see Article 14 of Royal Decree No. 1127 of 29 June 1939) - i.e., by taking account of pre-existing designs and models. Originality must consist in a specific ornament. It is therefore necessary that such designs or models are the expression of a new aesthetic concept. As to the main procedures for registration of designs and models, it should be stressed that under Italian law up to 100 designs may be deposited by a single application; a graphic representation of the design or model is to be submitted along with the deposit, and a two-dimensional specimen of the design or model may also be provided. No provision applies to publication of the graphic representation, and therefore to the possibility to defer such publication, whereas deposit under sealed cover is not allowed. No examination procedure is laid down, nor are third party proceedings permitted in respect of registration. (c)The owner of a design or model has the exclusive right to put the design or model into practice; to make use of and trade in the products embodying such design or model; designs or models are protected for a term of 15 years from the time of deposit. (d)Since reference is made to the provisions concerning patents for inventions (see Articles 74 to 89 of Royal Decree No. 1127 of 29 June 1939, as last replaced by Legislative Decree No. 198 of 19 March 1996), the following rights and legal actions are also available to the owner of a patent on a design or model: actions for infringement against unlawful utilization of the design or model and/or actions for determination of patent validity; presumption of validity of the design or model, since the burden of proof is on the person claiming invalidity or forfeiture of the design or model; right to obtain information from the alleged infringer on the production and/or marketing network; right to obtain description and sequestration of the allegedly infringing products and/or the implements used to produce them; right to obtain a judicial decision, whether final or as a precautionary measure, prohibiting manufacture, sale and use of any goods which represent an infringement of the design or model; right to claim damages for the injury suffered on account of the infringement. The aforementioned remedies are without prejudice to the criminal penalties imposed on the infringer. (e)Since reference is made to the provisions concerning patents for inventions (see Royal Decree No. 1127 of 29 June 1939, as last replaced by Legislative Decree No. 198 of 19 March 1996), compulsory licensing and expropriation are allowed in respect of patents for designs or models (see, in particular, Articles 54 to 60 of Royal Decree No. 1127 of 29 June 1939, as amended by Legislative Decree No. 198 of 19 March 1996).