Intellectual Property in Italy

Updated on Thursday 08th December 2022

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The main laws regarding the protection of intellectual property rights in Italy are the Civil Code and the Industrial Property Code, which have incorporated the major legislative elements from the European and international legislation. The Italian Code contains regulations related to trademarks, patents, inventions, models, designs etc. and the way in which they can be used or sold.

Foreign investors who have opened a company in Italy and who are interested in the protection of a specific invention or copyright can receive a presentation on this subject from our team of Italian lawyers.

Trademarks in Italy

According to this law, a trademark is a distinctive element of a product or service and its main objective is to represent the company that manufactures and sells that product (or service). A registered trademark is protected by the Italian law against any form of usage without the consent of the owner. The registration is made for ten years and can be renewed for the same period whenever the owner prefers.

Investors who want to establish their business presence on the Italian market should represent their company by choosing a distinctive trademark, which will guarantee that the company is well recognized on the local market. The main body that deals with the registration of a trademark in Italy is the Italian Patents and Trademarks Office; the office can provide information on the trademarks that are already registered in Italy.

If the investor is the owner of a national trademark, he or she can extend its usage abroad, in countries that have signed international agreements related to intellectual property rights - Madrid Agreement and Protocol Relating to the Madrid Agreement, by sending a request regarding the protection of intellectual property rights to the World Intellectual Property Organization; our team of lawyers can assist you in this process. Our law firm in Italy can help any type of business to register a trademark, including import-export companies, which can also receive advice on the formalities for EORI registration in this country.

Patents in Italy

A patent in Italy refers to the rights granted to a person who has created an innovative product; in this sense, the patent allows its inventor to produce the respective product and commercialize it on the local and international markets. The patent is the only legal way in which a new product, which can refer to machinery, devices, products for general use and so on, can be protected against infringements of third parties.

Foreigners can buy a house in Italy without difficulties and with the help of our local Italian lawyers. They will draw up the necessary procedures to check the chosen property. Real estate due diligence is one of these procedures, with the help of which it is possible to detect whether the respective property is involved in litigation or not. Contact our property lawyers in Italy if you want to buy a property and cannot travel to Italy. We can represent you with a power of attorney.

Copyright law in Italy

Copyright is another type of intellectual property right, which refers to the fact that a legal entity in Italy is allowed to use and distribute a certain intellectual property, such as literary works, plays, films or music. Many countries in Europe and worldwide have signed the Berne Convention for protecting the copyright on their territories.

Investors who encounter any type of problem regarding the use of intellectual property rights in Italy, can address to the local Italian Patent and Trademark Office that is managed by the local Chamber of Commerce. Intellectual property rights are protected at an international level by the World Intellectual Property Organization.

If you need further information or legal assistance for intellectual property rights issues, you may contact our Italian lawyers. They can represent you in front of Italian courts and they can provide tailored services according to the needs of your company.