Newsletters and Bulletins / February 2002 / Italy |
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Italy - Design Law Revisions The Italian Design law has been amended with effect from April 19, 2001. The changes are in line with the EU's Directive for harmonization of design laws (see our March 1999 Newsletter). The main changes are set out below.
(1) Instead of requiring that a design has characteristics of special ornamentation as was required under the old law, the new requirement is the possession of "individual character" as set out in the EU directive. (2) There is a twelve month grace period prior to filing the application within which disclosure of the design by the designer or his or her successors in title will not be destructive of novelty of an application for protection of the design. (3) In appropriate cases, it will be possible to have protection under both the Design and Copyright Laws for the same design. (4) The maximum duration of protection for all design registrations in force on or resulting from applications filed on or after April 19, 2001 will be twenty years from the filing date. |
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