Global Innovation Policy Center

March 15, 2017

Italy


Primary Sources

  • Civil Code (approved by Royal Decree No. 262 of March 16, 1942, and amended up to Decree No. 291 of December 7, 2016) (2017)
  • Code of Cultural Heritage and Landscape, in accordance with Article 10 of the Law No. 137 of July 6, 2002 (Legislative Decree No. 42 of January 22, 2004, as last amended by Legislative Decree No. 63 of 2008) (2004)
  • Consumer Code (Legislative Decree No. 206 of September 6, 2005) (2007)
  • Decree Law. n. 82 of 2005 on a Digital Administration Code
  • Decree No. 33 of January 13, 2010 (Regulations for Implementation of the Industrial Property Code) (2010)
  • Decree of the President of the Republic No. 255 of March 27, 1992, approving Regulations Implementing Law No. 223 of August 6, 1990 Concerning the Discipline of Public & Private Broadcasting System (2010)
  • Decree-Law No. 26 of January 14, 1994 Urgent Measures in Favor of the Film (1998)
  • Decree-Law No. 323 of August 27, 1993 Urgent Measures for Radio & Television (2007)
  • Decree-Law No. 64 of April 30, 2010, laying down Urgent Provisions in the field of Entertainment and Culture, converted into law with changes by Law No. 100 of June 29, 2010 (as amended up to Decree-Law No. 91 of August 8, 2013) (2013)
  • Industrial Property Code (Legislative Decree No. 30 of February 10, 2005, as amended up to Decree-Law No. 1 of January 24, 2012, converted into law with changes by Law No. 27 of March 24, 2012)
  • Law No. 103 of April 14, 1975, on New Regulations governing Radio and Television Broadcasting (2004)
  • Law No. 106 of April 15, 2004 on the Legal Deposit of Documents of Cultural Interest for Public Use (2004)
  • Law No. 1062 of November 20, 1971 containing Penal Provisions Concerning Counterfeiting or Alteration of Works of Art (1999)
  • Law No. 137 of July 6, 2002, on the Delegation for the Reform of the Government, the Presidency of the Council of Ministers, and the Public Bodies (2006)
  • Law No. 159 of May 22, 1993, concerning Provisions on the Improper Reproduction of Books and Repealing the Levy on Well-known Books referred to in Articles 177, 178 and 179 and the Last Paragraph of Article 172 of Law No. 633 of April 22, 1941 (1993)
  • Law No. 161 of April 21, 1962. Revision of Films and Theatrical Works (1998)
  • Law No. 1860 of December 31, 1962 on the Peaceful Uses of Nuclear Energy (2010)
  • Law No. 2 of January 9, 2008, setting out Provisions on the Italian Society of Authors and Publishers (SIAE) (2008)
  • Law No. 223 of August 6, 1990, on the Discipline of Public & Private Broadcasting System (2006)
  • Law No. 287 of October 10, 1990 containing Rules on Protection of Competition (2007)
  • Law No. 416 of August 8, 1981, regulating the Publishing Companies and Publishing Measures (as amended up to Decree-Law No. 5 of February 10, 2009) (2009)
  • Law No. 52 of February 6, 1996, laying down Provisions for the Fulfillment of Obligations deriving from Italy’s Membership of the European Communities (Community Law 1994, as amended up to Law No. 234 of December 24, 2012) (2013)
  • Law No. 526 of December 21, 1999 Provisions for the Fulfillment of Obligations Arising From Italy’s Membership to the European Community – Community Act 1999 (1999)
  • Law No. 547 of December 23, 1993. Amendment of the Provisions of the Penal Code & the Code of Criminal Procedure in Relation to Computer Criminality (1993)
  • Law No. 633 of April 22, 1941, for the Protection of Copyright and Neighboring Rights (as amended up to Decree-law No. 64 of April 30, 2010) (2010)
  • Law No. 650 of December 23, 1996, containing Urgent Provisions for the Exercise of Radio and Television Broadcasting and Communications, Amending the Decree-Law No. 545 of October 23, 1996 (1996)
  • Law No. 800 of August 14, 1967 New Rules Concerning Opera Institutions & Musical Activities (2006)
  • Law No. 88 of July 7, 2009 Arrangements for the Fulfillment of Obligations Deriving from Italy’s Membership of the European Community – Community Act 2008 (2009)
  • Law No. 93 of February 5, 1992, setting out Provisions for the Benefit of Phonographic Companies and Remuneration for Private Non-Profit-Making Reproduction (as amended up to Decree-Law No. 64 of April 30, 2010) (2010)
  • Law No. 962 of November 20, 1970 concerning Patents for Inventions Solely Intended for the Sightless (1970)
  • Law No. 99 of July 23, 2009 containing Provisions for the Development and Internationalization of Enterprises and Energy (2009)
  • Legislative Decree N.8 of January 2016 on certain dispositions on decriminalization (2016)
  • Legislative Decree No. 169 of May 6, 1999, implementing Directive 96/9/EEC on the Legal Protection of Databases (1999)
  • Legislative Decree No. 204 of March 15, 1996 on Amendments and Additions to Legislative Decree No. 685 of 16 November, 1994 concerning Right of Lease and other Copyright-Related Rights (1996)
  • Legislative Decree No. 219 of April 24, 2006 on the Implementation of Directive 2001/83/EC (& Subsequent Amending Directives) on the Community Code on Medicinal Products for Human Use, and the Directive 2003/94/EC (2006)
  • Legislative Decree No. 224 of July 8, 2003 Implementation of Directive 2001/18/EC on the Deliberate Release of Genetically Modified Organisms (2003)
  • Legislative Decree No. 3 of January 8, 1998 on the Reorganization of Governing Bodies Operating under the auspices of the Entertainments Department of Presidency of Council of Ministers according to Article 11, Paragraph 1, Letter(a) of the Law No. 59 of March 15, 1997 (1998)
  • Legislative Decree No. 518 of December 29, 1992, implementing the Council Directive 91/250/EEC of May 14, 1991, on the Legal Protection of Computer Programs (1992)
  • Legislative Decree No. 62 of March 26, 2008 containing Supplementary and Corrective Provisions of Legislative Decree No. 42 of January 22, 2004 on Cultural Heritage (2008)
  • Legislative Decree No. 685 of November 16, 1994, implementing the Council Directive 92/100/EEC of November 19, 1992, on Rental Right and Lending Right and on Certain Rights Related to Copyright in the Field of Intellectual Property (1994)
  • Legislative Decree No. 70 of April 9, 2003, implementing Directive 2000/31/EC on Certain Legal Aspects of Information Society Services in the Internal Market, with particular reference to E-Commerce (E-Commerce Act) (2003)
  • Ministerial Decree April 15, 2010 on the Mode of Operation of the Anti-Counterfeiting National Committee (2010)
  • Penal Code (approved by Royal Decree No. 1398 of October 19, 1930) (2009)
  • Regional Law No. 16 of July 15, 2002, on the Rules for the Recovery of the Artistic & Historical Buildings & the Promotion of Quality of the Architecture & Landscaping of the Territory (2002)
  • Regulation on the Protection of Copyright on Electronic Communications Networks and Procedures for the Implementation thereof pursuant to Legislative Decree No. 70 of April 9, 2003 (approved by the Resolution No. 680/13/CONS of December 12, 2013) (2013)

EU Legislation

  • Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (2016)
  • Directive (EU) No. 2015/2436 of the European Parliament and of the Council of 16 December 2015 to approximate the laws of the Member States relating to trade marks (2016)
  • Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and
  • Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs) (2016)
  • Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market (2014)
  • Regulation (EU) No. 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No. 1383/2003 (2013)
  • Directive No. 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works (2012)
  • Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (2012)
  • Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 amending Directive 2006/116/EC on the term of protection of copyright and certain related rights (2011)
  • Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs (2009)
  • Council Regulation (EC) No. 207/2009 of 26 February 2009 on the Community trade mark (codified version) (Text with EEA relevance) (2009)
  • Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights (2007)
  • Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (2004)
  • Council Regulation (EC) No. 6/2002 of 12 December 2001 on Community designs (2002)
  • Directive No. 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (2001)

Secondary Sources

  • ADUC- Association for the Rights of Users and Consumers (2016), “Italy – Fake Products: more than 7billion euros Spent in 2015 to Buy Them”, 6/14/2016
  • AESVI/Confindustria (2014), “The Video Game Industry Association Welcomes The Verdict Of The Criminal Court Of Florence For The Distribution Of Mod Chips“ (translated), 7/24/2014
  • AGCOM (2014), Anti­Counterfeit: Antitrust Decides To Close 50 Sites That Sold Fake Products Of Leading Brands”, Press Release
  • AGCOM (2016), “Activity Report 2015-2016”
  • AGCOM website, “Record Of Interventions To Protect Copyright” (accessed October 2016)
  • Agency for a Digital Italy/Prime Minister Office (2013), ‘Guidelines for the Comparative Evaluation Foreseen by Art. 68 of Decree Law 82 of 7 March 2015”,
  • AIPPI (2011), “Question 216A Exceptions To Copyright Protection And The Permitted Uses Of Copyright Works In The Hi-Tech And Digital Sectors”, Summary Report, and Italy Copyright Exceptions
  • AIPPI (2014), SUMMARY REPORT Question 241
IP Licensing and Insolvency
  • AIPPI (2016), “Pharma – Handout Italian Cases”, 9/16/2016
  • Alessandra Feller and Alessandra Bellani/K&L Gates, “Yahoo! Vs. Reti Televisive Italiane S.p.a: A Turning Point in ISP’s Liability in Italy?”, IP Law Watch, 4/7/2015, https://www.iplawwatch.com/tag/reti-televisive-italiane-s-p-a/
  • Alfio Stiro (2015), “Selling drugs online without a prescription, the ban is withdrawn but only pharmacies and drugstores will be allowed to sell them”
  • Altalex (2015), “Decriminalization of minor offenses and no prison sentences – Decree Law 16/03/2015 n° 28, G.U. 18/03/2015”(translated), 3/19/2015
  • Antonella Barbieri and Federica de Santis/Portolano Cavallo (2012), “Copyright Protection Of Design: Approach Of Italian Courts And Italian Law After Ecj’s Decision In Flos Vs Semeraro, 10/16/2012
  • Benedetta Lunghi/DLA Piper LLP (2016), “Italian Patent Box: A Boost To Made In Italy With An Expiry Date”, Lexology, 7/6/2016,
  • Bill Donahue/Law 360 (2014), “EU High Court Says Nintendo Console Mods Could Be Legal”, 1/23/2014
  • Bird&Bird (2014), “Italy: The Abuse Of A Dominant Position By Pfizer In Xalatan Case”, 5/18/014
  • Camilla Monti (2015), “Strong Protection Should Be Extended To Distinctive Weak Brands. Supreme Court, ruling n ° 1861 02/02/2015”, 2/19/2015
  • Cesare Galli, “Italy – Legal Framework”, Country Chapters, World Trademark Review
  • Cesare Galli/Istituto Bruno Leoni &Pietro Paganini/Competere (2014), How Italy Succesfully Improved its Approach to Intellectual Property Rights Protection”, Case Study from IPRI
  • Cesare Galli/World Trademark Review (2015), “Country Chapters, Italy, Legal Framework”
  • Corriere della Sera (2015), “San Lorenzo, Pirate Copyshop Denounced”(translated), 5/15/2015
  • Daniela Ampollini (2014), The Court of Turin on the patentability of software”, Kluwer Patent Blog, 5/8/2014
  • Diego Rigatti and Manuela Di Girolamo/Trade Secrets Watch (2013), “Protecting Trade Secrets in Italy”, 7/9/2013
  • Elena Martini/ Martini Manna Lawyers (2015), “The Milan Court protection brands Dolce & Gabbana against the use of food”, Lexology, 2/18/2015
  • Elena Martini/Martini Manna Avvocati (2015), “Millions awarded in compensation for the infringement of copyright of the ‘Nathalie’ bed by Magistretti-Flou”, Lexology, 6/22/2015
  • Elena Martini/Martini Manna Lawyers (2014), “The Court of Milan on the protection of a famous mark”, 12/1/2014
  • Eleonora Rosati/IPKat (2016), “Italian Court Says That Rightholders Do NOT Have To Indicate Urls When Submitting Takedown Requests” 5/9/2016
  • EUIPO (2016), “The Economic Cost Of IPR Infringement In The Recorded Music Industry”, May 2016
  • Federico Cella/Corriere della Sera (2016), “R4 Cards for the DS, Nintendo defeated by an entrepreneur in Catania” (translated), 5/12/2016,
  • Filippo Pagano/Clouvell (2015), “The case Divani & Divani: when a brand becomes stronger”
  • Foundation for Information Policy Research, “Implementing the Copyright EU Directive”
  • Free Software Foundation Europe (2014), “Italy puts Free Software first in public sector”
  • Gianni Origoni Grippo Cappelli Partners (2014),“The New Regulation Of The Italian Media Authority On Copyright Enforcement Over Electronic Communication Networks, January 2014
  • Giorgio Spedicato/ “Italy: copyright protection only for ‘high level’ industrial design”10/11/2012
  • Giulia Cipollini/Whiters LLP (2016), “How The Italian Patent Box Regime Works”, Mondaq, 7/19/2016
  • Giulia Mariuz/Hogan Lovells (2015), The Court of Appeal of Milan rules on Yahoo’sliability with respect to copyright infringement, 2/25/2015
  • Hogan Lovells’ LimeGreen IP website (2016), “Patent-Patent Litigation –Italy”
  • Hogan Lovells’ LimeGreen IP website, “Copyright Protection –Italy”
  • IFPI (2015), “IFPI Digital Music Report 2015: Charting the Path to Sustainable Growth”
  • Il Sole 24 Ore (2016), “Competition Bill, Go-Ahead Of The Industry Committee Of The Senate. The Text In Plenary In September” (translated), 8/2/2016
  • Ininsubria (2013), “Chemical Industry: Sarono Looses Against Bayer”, 1/21/2013
  • Italian Trademark Group of AIPPI (2012), Infringement of trademarks by goods in transit”, 3/16/2012
  • Italy Trademark Group of AIPPI (2013), “Relevant Public For Determining The Degree Of Recognition Of Famous Marks, Well-Known Marks And Marks With A Reputation”, 6/3/2013
  • Jacobacci&Partners (2012) “International report ­ Patentability of intermediate chemical compounds – is it time for a change?”, IAM
  • Jacobacci&Partners (2016), “Patents in Italy”, Lexology, 11/1/2016
  • Julia Holden/Kluwer Trademark Blog (2016), “Personal Name Rights and Professional Fairness: The Italian Supreme Court on the Fiorucci Case”, 7/26/2016
  • La Stampa (2015), Creativity in the Age of Online Piracy” (translated), 6/26/2015
  • Laura Ercoli/Societa’ Italiana Brevetti (2016), “Trade Secret Directive: Soon Protection for the whole EU”, 5/2/2016
  • LCAlex (2016), “The Court Of Milan On Technological Measures Of Protection Systems And Portable Console Of Nintendo Video Games”, 3/16/2016
  • Lorenzo Battarino/Trevisan&Cuonzo (2015), “The New Electronic Filing For Patent Applications, Trademark And Industrial Design”, IP in Italia Blog, 3/2/2015
  • Mark F. Schultz and Douglas C. Lippoldt/ OECD Working Party of the Trade Committee, “Approaches To Protection Of Undisclosed Information (Trade Secrets)”, Trade Policy Paper No. 162
  • Massimo Maggiore and Aurelio Assenza/Maschietto Maggiore Besseghini Studio Legale (2013), “Copyright protection of industrial designs in Italy: taking stock of recent case-law developments”, Lexology, 3/4/2013
  • Michela Rovelli/Corriere della Sera (2016), “Patents – Samsung Looses Against Hop Mobile. To the Small Company from Brescia 2million euros in Damages” (translated), 7/16/2016
  • Modiano&Partners (2014), “UIBM and Third Party Observations regarding Applications for Industrial Patents or Supplementary Protection Certificates” Newsletter n. 8
  • Nadia Gualeni/Jacobacci & Partners spa (2014), “International Report – Patent Opposition Procedure In Italy – Coming Soon?”, Lexology,
  • Nicoletta Colombo, Donatella Prandin/Lexology (2016), “Italian Protection for Geographical Indications/Bugnion SpA”, 1/1/2016
  • Pamela Samuelson, Phil Hill, & Tara Wheatland
 (2013), “Statutory Damages: A Rarity in Copyright Laws Internationally, But For How Long?”, 0 J. Copyright Soc’y U.S.A.
  • Portolano Cavallo (2013), “Italy Moves to Protect IP”, 3/19/2013
  • Raquel Zalabarder/WIPO (2009), Study On Copyright Limitations And Exceptions
For Educational Activities In North America, Europe, Caucasus, Central Asia And Israel”, 11/5/2009
  • Silvia Merli/Notarbartolo&Gervasi (2015), “Pharmaceutical Patents” (translated), PharmaStar
  • Societa’ Italiana Brevetti website, “Italian Patents”
  • Thierry Calame, Lenz & Staehelin
& Massimo Sterpi/Thomson Reuters (2014), “Copyright Litigation”, Jurisdictional Comparaisons, Second Edition 2015
  • Third World Network (2014), ”Practical Examples And Experiences On Patent Related Impediments To Transfer Of Technology”, May 2014
  • UIBM (2016), “IP and Antitrust: Conflict or Synergy?”, Background Note to the UIBM Convention on 12 April 2016
  • UIBM Ufficio Italiano Brevetti e Marchi website, “How to Protect a Design”
  • WIPR (2013), “Ferrari powers to victory at Italian Supreme Court”, 3/12/2013
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