Industrial design law in Italy

Currently, in Italy, design law, which protects shapes and/or ornamentation of commodities tends to be given higher consideration because industrial designs have become an important form of cultural expression and represent an interesting marketing tool, playing a significant role in the consumers’ choice. In general terms, according to the above provisions, the appearance of the whole or a part of a product resulting from the features, the lines, contours, colours, shape, texture or materials of the product itself, may be registered as designs and models on condition that they are new and have an individual character. Protection is granted upon registration with the Italian Patent and Trademark Office and lasts for a five-year term renewable five times, for a maximum term of 25 years. Under special conditions, protection may be claimed also under the copyright law provisions. Industrial designs may also be protected on the ground of copyright law, even if the existence of a certain degree of ‘artistic value’, as provided by the most part of the Italian case law, is still required. It will be interesting to see if the recent CJEU decision in Cofemel - Sociedade de Vestuaria SA vs. G-Star Raw CV (September 12, 2019 in Case C-683/2017) will have some impacts on the practice of the Italian courts. Design and models, are subject to the general provisions of the IP Code, which provides specific rules for litigation and the enforcement of rights, preliminary injunctions and customs enforcement.