registrare in italia

 

If you wish to protect a design or model through the registration system , it is mandatory to keep it a secret. This is because one of the main requirements to be met to obtain the registration is that it is a new design or model.

If you wish to show the design or model in advance to third parties, it is appropriate to stipulate confidentiality agreements according to which those viewing the same before the application is filed, commit not to disclose it to third parties.

A design or model that has already been disclosed to the public through, for example, reproduction in the company catalogue, can no longer be considered new. It is in the public domain and can only be protected if disclosed during the so-called "grace period". This is the circumstance where products incorporating a certain design or model are put on sale, displayed at exhibitions or fairs or reproduced in catalogues or in advertising, before being the subject of a registration application. In this case, Italian law admits a "grace period" for the registration. It means that a design is not considered disclosed if the design was made available to the public within the twelve months preceding the data of filing the registration application or, when claiming priority, in the twelve months preceding the date of such a claim.

It is possible, during such a grace period, to market the design or model without this losing the requirement of novelty.
As this is still an attenuated right, it is advisable to keep the design or model secret until the registration application is submitted. Furthermore, specific protection will not be enjoyed during the "grace period", unless there are grounds to consider it an industrial design of creative character and artistic value (in this case, it would fall within the protected granted by copyright laws). A further protection is also offered by art. 2598 of the Italian Civil Code on unfair competition.

 

The protection period of the design or model lasts 5 years starting from the date of submission of the application and the owner can obtain the extension for one or more 5-year periods, up to a maximum of 25 years.

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