Barzanò & Zanardo - brevetti, marchi, modelli, diritto d'autore, ricerche, mandatari europei e comunitari

Approved a new legislative decree on the juridical protection of designs and models

The Council of Ministers n. 37 of february 1, 2002 has approved a new legislative decree, named "Integrative provisions to the legislative decree 98/71/CE on the juridical protection of designs and models.
February 21, 2002

The Council of Ministers n. 37 of february 1, 2002 has approved a new legislative decree, named "Integrative provisions to the legislative decree 98/71/CE on the juridical protection of designs and models"

THE PRESIDENT OF THE REPUBLIC,

In view of articles 76 and 87 of the Constitution;

In view of the directive 97/71/CE of the European Parliament and the Council of October 13, 1998 on the legal protection of designs and models;

In view of the law of December 21, 1999, no. 526 community law 1999 and in particular articles 1 and 2 and enclosure A;

In view of item III of title IX of tome V of the Civil Code;

In view of the Royal Decree of August 25, 1940, no. 1411 with the provisions of the law about Patents for Industrial Models and following amendments;

In view of the legislative decree of February 2, 2001, no. 95 with the rules for the review of the national legislation on the legal protection of designs and models, pursuant to the directive 98/71/CE of the European Parliament and the Council of the European Community of October 13, 1998;

Considering the necessity of introducing supplementary provisions to the above mentioned legislative decree;

In view of the deliberation of the Council of Ministers in the meeting about the bill of the Minister for EEC Policies and the Minister of Productive Activities, together with the Ministers of Foreign Affairs, Justice and Finance;

ISSUES

the following legislative decree:

1. Art. 19 of the legislative decree of February 2, 2001, no. 95 is modified as follows:

- Art. 19-1. In the Royal Decree of August 25, 1940, no. 1411, article 12 is replaced with the following one:

- Art. 12-1. The grant fee for the Patents for Utility Models can be paid by a sole instalment or by two five-yearly instalments.

2. The amounts of the five-year renewal fees, the first renewal fee and the following renewal fees, relevant to the filing of designs and models are respectively at the first, second and third five-year instalment, provided for the schedule rate enclosed with the decree of the President of the Republic of October 26, 1972, no. 641, title IV, art. 10, point 2, letters c) and f).

3. The grant fee and the renewal fee for the textile models can be paid by annual instalments.

4. To the above mentioned grant and instalments fees article 46 and followings are applied, with the relevant provisions of the Royal decree of June 29, 1939, no. 1127, concerning the annual fees of maintenance, in force for Patents for Industrial Inventions.

The present decree, with the State Seal, will be enclosed in the Official Collection of the normative acts of the Italian Republic.

It is requested to everyone to observe and to made it observed.

News Patents and designs 2002