IP REGULATION

The design or model protection has a crucial relevance in respect of a wide range of products in industry, fashion and handicraft.Italian application for the registration of designs (bi-dimensional) and models (three-dimensional) is filed by the author, unless designs or models are created by employees and to the extent that the task is included among their duties; in such case, the employer, without prejudice to the employee’s right to be acknowledged as the author and to have his name entered in the certificate of registration (article 38 of IPC), can obtain the registration.

Registrations as designs and models may be granted to the appearance of the whole or a part of the product, resulting in particular from the features of the lines, contours, colors, shape, texture or materials of the product or its ornamentation. The registration certificate is issued under the following conditions: (i) novelty – article 32 of IPC, (ii) individual character – article 33 of IPC, (iii) lawfulness – article 33 bis of IPC.
The duration of the registration is equal to five years starting from the date of the filing of the application, no- netheless the owner may obtain an extension of the duration for additional periods of five years until a maximum of twenty-five years.
The application to obtain a registered model or design can be filed to any Italian Chamber of Commerce or, al- ternatively, to the Italian Office for Patents and Trademarks.
www.uibm.gov.it
The European application can be filed to EUIPO (European Union Intellectual Property Office) and grants the applicant the faculty to exercise exclusive rights within the territory of all EU Member States. Conditions for re- gistration are the same provided under the national law. www.euipo.europa.eu.