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OCTOBER 2008

Italy: Government increases Made in Italy protection

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Modiano & Associati, Milan

This summer the Italian government devised an extraordinary plan to relaunch the Made in Italy slogan with particular regard to the protection of IP rights. The intervention of the government aims to discourage the widespread phenomenon of infringement and counterfeiting that is damaging the Italian economy and the famous creativity of Italian manufacturers.

The measures taken with Decree Law 112 are:

  • tightening of sanctions against whoever distributes or purchases counterfeit products;
  • new rules facilitating the destruction of counterfeit goods;
  • greater protection for geographic indications and appellations of origin protected by special laws or EU and international regulations on agricultural and food products; and
  • an increase of up to €3,000 for whoever stocks counterfeit goods for sale.

Moreover, by the end of 2008, the government plans a revision of the Industrial Property Code, to insert a rule realting to the "prerequisites for the protection of non-registered distinctive signs and to the discipline applicable thereto".

Lastly, last August the activity of the High Commissioner for the prevention of and opposition to infringement and counterfeiting were assigned to the Ministry for Public Administration and Innovation. The Ministry will perform this role on an EU and international level with the support of local administrations, such as the Italian municipalities; therefore henceforth there will be close co-operation between the public and institutions directed to opposing the counterfeiting phenomenon.

Micaela Modiano

Modiano & Associati
Via Meravigli 16
Milano I-20123
Italy
Tel: +39 02 85 907 777
Fax: +39 02 863 860
info@modiano.com 
www.modiano.com



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