National designs
With Law dated February 2, 2001, Italy has implemented Directive
71/89/EC on designs.
The most important novelties - vis-à-vis the previous
law - concern the features which designs must possess in order
to be registered, the period of validity of such registrations,
the elimination of the prohibition on granting different types
of protection (i.e. designs, copyrights, three-dimensional trademarks).
As a result thereof, those designs which have a particular artistic
value may be protected by copyright, as well as being protected
as a design and eventually as a three-dimensional trademark.
Requisites
In particular, as regards the requisites that a design must possess
in order that it may be registered, the latter must now be new
and have individual character. No mention is made of the fact
that it must be a special ornament, as was requested previously.
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