Industrial Property Reform on the Horizon

A few days ago, the draft law aimed at reforming the Italian Industrial Property Code was approved. The reform seeks to “promote a culture of innovation and the use of tools designed to protect industrial property rights which, through the protection of ideas and inventions, provide Made in Italy companies with a significant competitive advantage in global markets,” as stated by Minister Giorgetti.

The proposed reform introduces several important changes, including the reversal of the so-called professor’s privilege, greater simplification and digitalisation of administrative procedures, temporary protection for designs and models exhibited at trade fairs, the possibility of deferring the payment of patent fees while maintaining protection from the filing date, stronger preventive controls over patent applications relevant to national security, and enhanced protection of geographical indications and designations of origin against imitation.

However, the reform represents a missed opportunity regarding the introduction of specific provisions on compulsory licensing of patents for public health reasons.

In Italy, there are currently two mechanisms for obtaining a compulsory licence, both governed by the Industrial Property Code:

• lack of exploitation of a patent (Article 70 IPC);
• dependent patents (Article 71 IPC and Article 81-octies IPC concerning biotechnology and plant varieties, implementing the Biotech Directive).

The draft law will now be examined by Parliament.

For further information, please contact Margherita Barletta at: m.barletta@bmv-ltf.com