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Intellectual and industrial property
Copyright: Meaning and Protections
Copyright law is intended to protect the fruits of intellectual activity by granting the original author of the work a series of both moral and economic rights.
Read the guide →The protection of packaging (trademarks, patents, but not only)
It is commonly thought that competition between entrepreneurs in the market focuses exclusively on the research, creation, and innovation of new products. However, in a world where everything (or almost everything) has already been invented, it is often…
Read the guide →Industrial Property Right (*Privativa industriale*): what is it and how is it obtained?
Industrial property rights certainly constitute the primary legal instrument for the enforcement and protection of industrial and intellectual creations. Given their preeminent role within the field of IP, it is essential to analyze the methods for acquiring and managing these rights, with particular reference to the domestic regulatory framework. In Italy, the reference legislation is represented by the **Codice della Proprietà Industriale** (Industrial Property Code – Legislative Decree no. 30/2005), which harmonizes the protection of various assets, such as: * **Trademarks**: distinctive signs that identify the products or services of a company; * **Patents**: exclusive rights granted for new inventions involving an inventive step and capable of industrial application; * **Designs**: protection of the aesthetic and ornamental appearance of a product. The administrative procedure for obtaining these rights begins with the filing of an application with the **UIBM** (**Ufficio Italiano Brevetti e Marchi** – Italian Patent and Trademark Office). This process requires careful prior art searching to verify the requirements of novelty and non-obviousness, in order to avoid potential opposition or invalidity actions by third parties. From a strategic perspective, the correct management of the portfolio of industrial property rights allows companies not only to prevent counterfeiting but also to enhance their intangible assets through licensing, assignments, and technological transfer operations.
Read the guide →Industrial Property: what it is and how it is protected?
Understanding what industrial property is, what it protects, and the value it represents is of vital importance for anyone who has an idea and intends to develop it. Indeed, this term is used to summarize a set of principles and legal rules aimed at protecting the results of human innovation and creativity. The discipline is primarily governed by the **Codice della Proprietà Industriale** (Industrial Property Code), through which the legislator has sought to harmonize and simplify the regulatory framework previously characterized by numerous fragmented laws. In the broad category of industrial property, we find two main areas: * **Distinctive signs**: such as trademarks, trade names, and domain names. * **Technological innovations**: such as inventions, utility models, and designs. The primary objective of this protection is to grant the creator an exclusive right over their work, preventing third parties from using, reproducing, or marketing it without authorization. Registering a trademark or filing a patent with the **UIBM** (Italian Patent and Trademark Office) is not merely a bureaucratic formality, but a strategic investment. Specifically: 1. It creates a competitive advantage, ensuring the uniqueness of the product or service. 2. It increases corporate value, as industrial property rights are intangible assets that can be valued, sold, or licensed. 3. It provides legal tools to combat counterfeiting and unfair competition. In a globalized market, effectively managing one's industrial property portfolio is the key to transforming an intuition into a lasting commercial success.
Read the guide →Intellectual property: how should it be protected?
Intellectual property exists to offer all companies, whether small or large, an exclusive right over their intangible assets; it is considered by some to be the fundamental lever for development.
Read the guide →Trademark and patent registration: EU regulations
What do European Union regulations tell us about the registration of trademarks and patents? What is a European Union trademark? What is a unitary patent? ### The European Union Framework In the field of intellectual property, EU regulations aim to simplify the protection of innovation and branding across the Single Market. While national protection remains available through the **UIBM** (*Ufficio Italiano Brevetti e Marchi* - Italian Patent and Trademark Office) according to the **Codice della Proprietà Industriale** (Industrial Property Code), EU tools provide a single path to protection in all member states. ### The European Union Trademark (EUTM) A European Union trademark is a single title that grants the owner exclusive rights in all 27 EU member states through a single application. * **Centralized Procedure:** The application is filed with **EUIPO** (*European Union Intellectual Property Office*), based in Alicante. * **Unitary Character:** The trademark is valid as a single block. It cannot be registered, transferred, or surrendered for only some member states; it covers the entire EU territory. * **Protection:** It protects signs (words, logos, shapes, colors) that distinguish the goods or services of one undertaking from those of others. ### The Unitary Patent (UP) The Unitary Patent represents a fundamental change in the European patent landscape, effective as of June 2023. * **Simplified Protection:** Unlike the "classic" European patent, which results in a bundle of independent national patents, the Unitary Patent allows for uniform protection across all participating EU member states by filing a single request with the **EPO** (*European Patent Office*). * **Cost Reduction:** It eliminates the need for complex national validation procedures and individual renewal fees for each country. * **Unified Patent Court (UPC):** In the event of litigation, a single specialized court has jurisdiction over the participating states, preventing conflicting rulings in different national jurisdictions. ### Key Differences * **Trademarks:** Provide protection for brand identity and are managed by EUIPO. * **Patents:** Provide protection for technical inventions and are managed by the EPO (under the Unitary Patent system for participating EU countries).
Read the guide →Ufficio Italiano Brevetti e Marchi (Italian Patent and Trademark Office - UIBM): what are its responsibilities?
The Italian Patent and Trademark Office (UIBM - *Ufficio Italiano Brevetti e Marchi*) is an office of the Italian Government's Ministry of Economic Development, which primarily handles the administrative activities of registration and the granting of intellectual property rights. Its main functions include: * Receiving and processing applications for patents, trademarks, and industrial designs. * Conducting formal and substantive examinations of these applications in accordance with the Industrial Property Code (*Codice della Proprietà Industriale*). * Managing the national registers and databases related to industrial property rights. * Promoting innovation and providing information to businesses and the public regarding the protection of intellectual property. * Representing Italy in international organizations such as the EPO (European Patent Office) and EUIPO (European Union Intellectual Property Office). The UIBM plays a crucial role in the Italian legal system by ensuring the legal protection of intangible assets, thereby fostering competitive development and technological progress within the national market.
Read the guide →Final approval of the Italian Law on Artificial Intelligence
Law no. 132 of 23 September 2025, concerning "Provisions and delegations to the Government on the subject of artificial intelligence", constitutes the first organic intervention in the Italian legal system aimed at regulating the use of artificial intelligence systems.
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Trademarks
Trademark infringement: how to take action?
Trademark infringement is a very high risk in a globalized world where companies are in fierce competition with one another. Particularly successful trademarks are at risk of being copied in the market. A trademark represents the soul and identity of a company; it is what allows a consumer to identify a specific product and distinguish it from others. Protecting a trademark means safeguarding the reputation and investments made by a company. For this reason, it is essential to proceed with registration at the **UIBM (Ufficio Italiano Brevetti e Marchi** – Italian Patent and Trademark Office) or at the international level. The main legal reference in Italy is the **Codice della Proprietà Industriale** (Industrial Property Code), which establishes the rights of the owner and the actions to be taken in the event of infringement. ### Protection Strategies To effectively counter counterfeiting, it is necessary to adopt a multi-level strategy: * **Constant Monitoring:** Actively supervising the market and online platforms to identify potential violations in a timely manner. * **Warning Letters:** Sending a formal notice to the infringer to demand the immediate cessation of the unlawful conduct. * **Legal Action:** Taking the matter to court to obtain injunctions and compensation for damages. Preventative protection and a prompt response are the most effective tools for defending the value of corporate intellectual property.
Read the guide →Controlled Designation of Origin: what does it mean?
The Denominazione di origine controllata (Controlled Designation of Origin), DOC, represents added value for the Italian economy. Through this label, it is possible to protect and export national products abroad. Let’s look at exactly what it means.
Read the guide →Difference between logo and trademark: what is it?
The difference between a logo and a trademark is not always clear. Often, in common parlance, one runs the risk of using the two terms as synonyms, but in reality they present differences, especially in relation to the type of...
Read the guide →The trademark as a successful marketing strategy
Although underutilized by Italian companies, trademarks represent a highly compelling marketing tool.
Read the guide →Collective trademark: meaning and characteristics
The Collective Mark is a distinctive sign that protects the consumer, distinguishing the products or services of multiple undertakings based on their specific origin, quality, or nature.
Read the guide →Weak trademarks and descriptive trademarks: what do they mean? What are the differences?
One of the main characteristics of a trademark is its "distinctive character," which, from a legal perspective, is the capacity to distinguish a product or service as originating from a specific source. ### The Legislative Framework In Italy, the reference legislation is the **Codice della Proprietà Industriale** (Industrial Property Code - CPI). According to Article 13 CPI: * Signs that lack distinctive character cannot be registered as trademarks. * In particular, generic names of products or services and descriptive indications (e.g., those relating to quality, quantity, or geographical origin) are excluded from protection. ### The Concept of Secondary Meaning An important exception to the lack of distinctiveness is the phenomenon of **Secondary Meaning**. This occurs when a sign, originally devoid of distinctive character (because it is descriptive or generic), acquires it through use and dissemination in the market. Thanks to extensive use and significant advertising investments, the public begins to perceive that sign no longer as a mere description, but as a real trademark associated with a specific company. In this case, the trademark becomes valid and protectable. ### The Role of the UIBM The **UIBM** (Italian Patent and Trademark Office - *Ufficio Italiano Brevetti e Marchi*) is the body responsible for examining registration applications. During the examination phase, the UIBM verifies the presence of distinctive character. If the office issues an objection for lack of distinctiveness, the applicant may attempt to overcome it by proving the acquisition of Secondary Meaning through: 1. Evidence of prolonged use; 2. Market surveys; 3. Advertising investments and press reviews. ### Why is distinctiveness important? * **Protection:** Only a distinctive trademark can be effectively defended against counterfeiting. * **Exclusivity:** It grants the owner the exclusive right to use the sign in the relevant commercial sector. * **Communication:** It allows the consumer to avoid confusion and make informed purchasing choices.
Read the guide →Unregistered trademark (*marchio di fatto*): what are the risks?
The unregistered trademark (marchio di fatto) is a distinctive sign useful for distinguishing company products and services, making them recognizable and preferable to the public; however, as they are not registered, there is a risk they may be used…
Read the guide →Trademark registration: how does it work?
Trademark registration today holds strategic importance for a company. Our extensive experience in the field allows us to affirm that it is a precious resource to be protected and enhanced, representing one of the…
Read the guide →Trademark prior art search: how to conduct it and why it is important?
Choosing a sign to distinguish one's business, products, or services is a particularly critical assessment for today's companies: on the one hand, the need to identify an original trademark capable of…
Read the guide →Protection of Fragrances: The Olfactory Trademark
Smell is the most powerful of our senses; it allows us to record information that generates connections between people, habits, places, and events.
Read the guide →Trademark Protection: defense and opposition
Trademark protection is primarily achieved through registration, by which the owner acquires the exclusive right to use the sign and the right to prohibit third parties from using it without their explicit consent. In Italy, the administrative body responsible for the management and granting of industrial property rights is the **UIBM** (*Ufficio Italiano Brevetti e Marchi* – Italian Patent and Trademark Office). The legal framework is governed by the **Codice della Proprietà Industriale** (*Industrial Property Code*), which sets out the requirements for a valid registration: * **Novelty**: the sign must not be identical or similar to others already registered for identical or related goods/services; * **Distinctive character**: the trademark must be capable of identifying the business origin of the products; * **Lawfulness**: the sign must not be contrary to law, public policy, or accepted principles of morality. Registration has a duration of 10 years and can be renewed indefinitely for equal periods, provided that the trademark is subject to effective use. Failure to use the trademark for a continuous period of five years may lead to revocation for non-use.
Read the guide →Trademark genericization: how to defend yourself?
The genericization of a trademark occurs when a name becomes part of common usage, used to define a category of products rather than a specific company. Let’s look at the consequences and how it is possible to avoid a…
Read the guide →Collective and certification trademarks approaching the deadline for conversion
Collective and certification trademarks are approaching conversion, following the entry into force of Legislative Decree no. 15/2019. Let’s see what is changing.
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Patents and designs
International patents: what are the protections?
How are international and regional patents filed and how are they protected? In the following lines, we will address these topics.
Read the guide →Patents: how are they protected?
In order to be protected, patents must, first and foremost, be registered. Only in this way, in fact, can one fully protect their ideas and investments and, at the same time, acquire additional economic resources through…
Read the guide →Divisional patent: what it is and how it works?
The divisional patent: a useful and little-known tool that a patent owner has to modify, voluntarily or upon request of the Office, a previously filed application without excessively narrowing its scope...
Read the guide →European patent: how to file it?
The European patent is a patent for an industrial invention or utility model obtained through a unified procedure of filing, examination, and grant, and is valid in the territories adhering to the Munich Convention (European Patent Convention). Currently, the member states of the European Patent Organization are 39. The European patent does not grant a single protection valid for all of Europe, but rather a "bundle" of national patents. To be effective in Italy, once the patent is granted by the EPO (European Patent Office), it must be "nationalized" by filing a translation into Italian with the UIBM (*Ufficio Italiano Brevetti e Marchi* – Italian Patent and Trademark Office) within 3 months of the grant. Following the entry into force of the Unified Patent Court (UPC) on June 1, 2023, it is possible to request "unitary effect" for European patents, obtaining a single title valid in all 17 participating EU countries without the need for individual national translations. ### Key Aspects of the European Patent * **Centralized Procedure**: A single application filed in English, French, or German. * **Examination**: Carried out by the EPO to verify the requirements of novelty, inventive step, and industrial applicability. * **Duration**: 20 years from the filing date. * **Nationalization**: Mandatory procedure to activate the patent in non-unitary countries or if the unitary patent is not opted for. * **Unitary Patent**: An optional alternative that simplifies management and reduces costs for protection in participating EU countries. In Italy, the protection and enforcement of European patents are regulated by the *Codice della Proprietà Industriale* (Industrial Property Code) and international treaties.
Read the guide →Patent filing: what is the procedure?
Patent filing represents a crucial phase of the patent procedure and the outcome depends, to a large extent, upon it. Let us, therefore, attempt to understand how it must be carried out.
Read the guide →Patent Duration: Maintenance and Expiration
The duration of a patent varies depending on the type of invention, namely whether it is an industrial invention or a utility model. Therefore, after the grant, various aspects related to maintenance and expiration must be taken into consideration.
Read the guide →Utility model: what is it and how does it work?
The utility model can represent a useful and cost-effective tool for protecting the innovative technical aspects of a product that would be excluded from patent protection due to the lack of a sufficient inventive step.
Read the guide →Why companies need to invest in patents?
When discussing patenting, there is often a tendency to underestimate an activity that is becoming increasingly essential for companies.
Read the guide →Trademark and patent searches: how are they performed?
Searching for pre-existing trademarks and patents, technically known as a "novelty search" or "prior art search," is undoubtedly the only way to determine whether the trademark or patent one intends to register or file is similar or identical to others already...
Read the guide →UPC Series | Ep. 1 – The Unified Patent Court
We are pleased to present our new series of articles dedicated to the Unified Patent Court. One year after its entry into force, it is the ideal time to investigate the first rulings on the merits.
Read the guide →UPC Series | Ep. 2 – The opt-out: how to exclude the jurisdiction of the UPC (Unified Patent Court)
As of the inauguration of the Unified Patent Court on June 1, 2023, European patents automatically fall under its jurisdiction, unless the proprietors take action to exclude such jurisdiction through an opting-out procedure.
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Licensing and valorisation
Investing in IP (Intellectual Property)
Patents, trademarks, designs and other forms of intellectual property (IP) play a key role in the success of all modern businesses. By providing a company with legal means to prevent others from copying an invention, a...
Read the guide →PATENT BOX, a tool to support businesses
In implementation of Art. 56 of Decree-Law 50/2017, the Decree of 28 November 2017 of the Ministry of Economic Development was published in the Official Gazette no. 30 of 6 February 2018, providing for the revision of the regime of…
Read the guide →Sale of patents: opportunities for owners of inventions
How does the sale of patents work? How can a patent owner economically exploit their invention? This article attempts to answer this common question. Let us begin, therefore, by analyzing the sale…
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