registrare in italia

 

The natural owner of a design or model is its creator. It is, therefore, up to him to request registration. However, if the design or model was created by a company employee as part of his employment contract, meaning within his normal tasks, the law (art. 38, comma 3, of IPC) establishes that the design or model and the consequent rights, belong to the employer, giving  the right of the employee to have his name entered in the registration certificate and to be recognised as the author.
If a design has been created by a designer outside the company as part of a contract with the company, the rights on the work belong to the company that commissioned it. In this case, the design or model is considered to have been produced for the use of whoever commissioned it and who is, therefore, the owner. To prevent any possible misunderstandings concerning the ownership of the design or model, it is advisable to enter specific clauses in the contract stipulated with the designer. It is also opportune to provide references in the contract to the possible protection offered by the copyright laws.

However, the IPTO does not verify the correctness of the inventor or author designation, nor the legitimacy of the applicant. It is assumed that the applicant is the owner of the registration right for the design/model and is entitled to exercise it.

The applicant for a design/model registration - directly or through its representative - must elect a domicile in Italy.

Representation
No one is obliged to be represented by a representative and/or lawyer; however, if this possibility is chosen, the representative must mandatorily meet the following requirements:

  • be an industrial property consultant registered with the Professional register and enabled to act before the Italian Patent and Trademark Office;
  • be a lawyer registered in the relevant Professional Register.

Natural and legal people (companies and/or firms) may also act by means of their employee, even if not enabled. The employee does not necessarily need to be registered in the List of professional representatives, but can only deal with the design or model applications and matters exclusively concerning the employing company.
The appointment must always be conferred in writing and it can be done through specific letter of appointment or by general power of attorney; the appointment must be signed by the applicant and countersigned by the appointee.
The letter of appointment may refer to one or more applications (single or multiple) and it must compulsorily contain an indication of the rights referred to. It is only valid to relationships with the Italian Patent and Trademark Office. The letter of appointment is subject to stamp duty (16.00 Euro) and it must be written on plain A4 paper, without any legalisation or authentication. In case of multiple letters of appointment, the representative can indicate the filing details of the original document in each application following the first.
The power of attorney can be made by public or private deed. In which case the representative's signature must be ascertained by a notary. The power of attorney is subject to registration and to 16.00 Euro stamp duty. The general power of attorney attached to a design or model application, gives the representative the right to subsequently submit an application for other protection rights in the name and on behalf of the same representative. The representative can subsequently submit a copy of the same power of attorney on plain paper, or a written declaration on plain paper with which he refers to the already submitted general power of attorney. Such a deed applies to all proceedings before the Italian Patent and Trademark Office.

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