trascrizioni e annotazioni

 

The measures with which the Italian Patent and Trademark Office rejects, in whole or in part, applications filed for obtaining the industrial property rights or transcription requests, or with which prevents the acknowledgement of a right relating to an industrial property deed, are subject to appeal, by the person concerned by the measure, in front of the Board of Appeals (art. 135 of the IPC).

Filing for appeal

The appeal, written on plain paper, should be motivated and addressed to the Board of Appeals against the measures of the Italian Patent and Trademark Office:  "Commissione dei Ricorsi contro i provvedimenti dell’Ufficio Italiano Brevetti e Marchi", via Molise, 19 - 00187 Rome; it must also be notified by the bailiff (pursuant to art. 136 of IPC) to the IPTO and to the counter-parties to whom the measure which is the subject of the appeal (if any) refers, within 60 days, starting from the day on which the person concerned has received the communication or has acknowledged it. While for the deeds for which individual communication is not required, the 60 day period to notify the appeal, starts from the deadline day of their publication, if required by law or by regulation.

The appeal, with proof of the made notifications and upon payment of the described taxes, must be filed at a Camera di Commercio (Chamber of Commerce) within 30 days from last notification. If needed, the appeal can be sent via registered post directly to the Board of Appeals: Commissione dei Ricorsi – Ufficio Italiano Brevetti e Marchi - via Molise, 19 - 00187 Rome, within 30 days from the last notification made, attaching a copy of the contested measure (if in the applicant's possession), of the requested documentation and all documents the same applicant intends to use in court. In this case, the Administration of the Board will ensure documentation is forwarded to the Camera di Commercio - Roma (Chamber of Commerce - Rome) to minute the filing of the appeal with the date corresponding to that of the receipt by the said Administration.

Three copies of the appeal and of any attachments (notwithstanding the right of the Chairman of the Board to request a greater number of copies) must be filed together with the original.

The appeal must be accompanied by the proof of payment of 450.00 Euro (plus 8.85 Euro if wanting to receive a certified copy of the verdict) made on c/a no. 871012, payable to the State Provincial Treasury: Tesoreria Provinciale dello Stato - Rome, in favour of chapter 3602 - par. X, or receipt issued by the competent Provincial Treasury, if the above sum is directly paid at the same. Should the appeal be sent via mail and in the case issuance of a copy of the filing report is required, also attach:

• a revenue stamp for 16.00 Euro

• proof of payment of the "Administration Fees" made with form Ch. 8 quater on postal c/c no. 33692005 payable to the "Camera di Commercio - Roma " (Chamber of Commerce - Rome).

The applicant may also reserve the right to submit one or more additional briefs to support the appeal. Such briefs (one original plus three copies, together with a copy of the measure in question) must be submitted to the Board Administration not later than seven days before the date set for discussing the appeal, unless otherwise indicated.

The IPTO within thirty days from the deadline for filing the appeal, must file with the Administration its file containing the involved measure, the deeds and the documents according to which the refusal was issued, those referred to therein and those considered relevant to the judgement.

The activity of the Board of Appeals

The Board of Appeals is a special jurisdiction body, whose members are chosen from magistrates with a grade not below that of counsellor to the appeal or professors of law at a university or a State higher institute and are appointed by decree by the Minister of Economic Development.

The Board may be supported by technicians to report on individual matters, should it be necessary for the Board to decide on appeals requiring particular technical knowledge. The Board must hear the involved parties (the applicant for a certain measure or its representative and the Italian Patent and Trademark Office), any technicians chosen by the Chairman and must consider their written observations; it can also use the means of examination it considers appropriate.

The Board decisions take the form of ordinances, decrees or verdicts; the verdicts are definitive and can be directly appealed against before the Court of Cassation.

The section "Regulations and Law" shows all of the Lists of verdicts of the Board of appeals

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