The Growth Decree, as has been seen, has introduced a series of tax, financial and contributory measures to support economic initiative and employment in Italy. Among these are also some benefits in favor of SMEs and start-ups innovative, for the protection of assets intangible. Still waiting, however, for the essential implementing decrees from the Ministry of Economic Development (Mi.S.E.). Until when?
The benefits under review - to be combined with those already existing, of national and European origin - seem to have duly taken into account the added value that derives to companies from the activation and protection of industrial property rights (e.g. trademarks and patents, designs and models). The ABC follows.
A) innovative start-ups, Voucher 3I (Invest in Innovation)
The voucher 3I will be granted to startups innovative for the purchase of consulting services on patents (e.g. patentability checks, prior art searches, support for drafting patent applications and subsequent filing, extension of applications internationally). (1) To support the enhancement of the innovation process of start-ups. A total allocation of €6.5 million/year is planned for the period 2019-2021.
B) collective trademarks and/or certified products, promotion abroad
A contribution up to 1 million euros may be granted by M.I.S.E. only to trade associations. To support the promotion abroad of Italian products covered by collective and/or certification trademarks. This measure, like that of the above paragraph ‘A’, is however subject to the publication of implementing decrees by M.I.S.E., which is responsible for defining criteria and methods for granting financing.
The Ministry for Economic Development – specifically regarding bonus of promotion abroad, must preliminarily consult the associations representing the relevant productive categories. In order to define, hopefully within the current fiscal year:
1) the minimum requirements of the regulations,
2) the minimum provisions regarding membership, verification, and controls. In addition to sanctions, in case of violation of the rules contained in the trademark licenses,
3) the criteria for the composition and operating methods of the bodies to which owners entrust the management of trademarks.
Always to the MISE will be responsible for supervising activities eligible for incentives, monitoring the correct use of the trademark, and carrying out the controls provided for by the respective regulations, also for the purposes of coordinated and coherent promotion of such trademarks.
c) ‘Trademarks+’, ‘Patents+’ and ‘Designs+’
‘Marchi+’, ‘Brevetti+’ e ‘Disegni+’, funding aimed at encouraging registration at the European and international level of the relevant intellectual property rights is confirmed in the current decree. However, it delegates the opening of the related annual calls to annual decrees of the Director General for the fight against counterfeiting at the UIBM (Italian Patent and Trademark Office).
Patents, procedure simplification
The patent application international ‘is equivalent to a patent application for industrial invention or utility model filed in Italy on the same date, and produces its effects if within thirty months from the filing date, or priority date if claimed, a request for opening the national procedure for the grant of the Italian patent is filed with the Italian Patent and Trademark Office pursuant to Article 160-bis, paragraph 1.’ (2)
In the following 30 months from the filing of the international patent application, protection may be extended nationally by filing an Italian language translation of the related application.
Patent box, facilitated tax regime on royalties
The 'Patent Box' is an optional facilitated taxation regime on income derived from intellectual property rights. Such as for example royalties on software protected by copyright, industrial patents, designs and models, processes, formulas and information related to experience gained in the industrial, commercial or scientific sectors that can receive specific legal protection. (3)
The measure applies to business income holders, who can access it through the tax return, covering 3 fiscal years.
Selena Travaglio and Dario Dongo
Notes
(1) Cf. D.L. 30.4.19 n. 34, converted with amendments into law on June 28, 2019 n. 58, art. 32, paragraph 7
(2) Law 28.6.19 No. 58, art. 32, paragraph 16
Lawyer, specialized in intellectual property rights. LL.M. in agri-food law.
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT – Food Times) and Égalité.
