Intellectual Property Protection in Italy in Russia and abroad

Although Italy is a full member of the European Union and most international conventions, the country's patent legislation has a number of special features. Protection of intellectual property in Italy consists in the registration of exclusive rights, their use and disposal, as well as the elimination of any kind of infringement by third parties. The firm of patent attorneys Prof-Patent will provide all kinds of services for the protection of the right holder.

Rights registration options

In order to obtain full protection of patent rights in Italy, it is necessary to go through a registration procedure. This can be done by residents of the country, as well as by individuals and enterprises of foreign countries. Italian patent law allows to establish a regime of protection for inventions, industrial designs, utility models, trademarks and other objects.

Filing of an application and registration of rights is possible in the following ways:

• through the national authority, the Italian Patent and Trademark Office (UIBM);
• through the European Patent Office - in this case it is possible to obtain a patent in several countries-participants of the said Office;
• Through the national patent offices of foreign countries that are parties to the Berne Convention (for example, for Russian residents this procedure can be done through FIPS).

In view of the many complexities and nuances of Italian patent law and international treaties, independently compiling an application and passing through registration can lead to rejection by the authorized services. The best option would be to contact the firm "Prof Patent" - you will get help from experienced patent attorneys, including those accredited in Italy.

If the intellectual property object protection is needed only in the territory of Italy, it is advisable to apply through UIBM. If the exclusive rights are to be used and disposed of in several countries, the application must be filed under international treaties and agreements.

How Intellectual Property Protection Happens

The right holder is guaranteed protection in the process of use and disposal of the rights, as well as in cases of infringement by others. The options for disposing of intellectual property in Italy are the same as in other legal systems - the right holder can conclude a full alienation contract, or transfer them on the basis of a license.

The available remedies can be used not only within Italy but also in the countries where the rights were registered. Already with the registration of the rights, a conventional priority arises, which will allow to defend the interests in applications for similar or similar intellectual property objects. From the moment of obtaining the patent, if any infringement is detected, the right holder has the right to:

• to submit a written claim for cessation of the infringement and compensation for damages;
• to apply to the Italian Court of Intellectual Rights, or to the specialized departments at UIBM - recognition or contestation of the right is allowed, recovery of damages from the infringer, etc;
• to terminate early the license or the contract of alienation, if the conditions of the transfer of rights have been violated;
• to bring the infringer to criminal responsibility, to achieve confiscation of counterfeit products and ban their further release.

In order to use all the protection options, the patent must be renewed regularly by paying the state fee. This fee must be paid starting from the fourth year after filing the application.

You are guaranteed fast and professional assistance if the intellectual property rights protection in Italy is handled by the patent attorneys of Prof-Patent in Russia and abroad. We will advise you on all conditions of cooperation by phone or via the feedback form. Our specialists will represent your interests in the registration of rights, as well as at all stages of protection against unauthorized use.