National Models and Designs

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.

It is possible, moreover, to protect any and every industrial or hand-crafted object, including components to be assembled for the creation of a complex product, the packaging thereof, presentations, graphic symbols and typographic typefaces, excluding computer programmes.

A design is considered to be new when no identical design (which is different only in insignificant details) has been disclosed prior to the date of filing of the application for registration or, in the event that a priority is claimed, before such priority date. A period of grace of 12 months is granted, which was not provided for in the previous law.

A design has individual character in the event that the general impression produced on the informed user is different from that produced on such user by any design disclosed before the date of filing of the application for registration or, in the event that a priority is claimed, before the priority date. The requisite of individual character was not contemplated by the previous law.

Moreover, spare parts (that is to say components which must be assembled in order to create a complex product) shall also be protected in the event that they remain visible during the course of the normal use thereof and the visible features of the component are new and have individual character. Exclusive rights over the components of a complex product cannot – for so long as European Directive no. 71/98/EC is not amended - be enforced for the purpose of preventing the manufacturing and sale of components for the repair of the complex product in question or for the purpose of restoring the original appearance thereof.

Period of validity

The term of validity of the registration of a design is of 15 to 25 years (divided into 5 five-year terms) commencing from the date of filing. This provision applies to all designs validly granted until April 19, 2001.