The Growth Decree, as noted, introduced a series of fiscal, financial and tax measures to support economic initiative and employment in Italy. These also include some facilities, for SMEs and innovative start-ups, to protect intangible assets. Still awaiting, however, the indispensable implementing decrees from the Ministry of Economic Development (Mi.S.E.). Until when?
The facilities under consideration-to cumulate with existing national and European ones-appear to have taken due account of the added value that comes to businesses from the activation and protection of industrial property rights (e.g., trademarks and patents, designs and models). ABC to follow.
A) innovative start-ups, Voucher 3I (Invest In Innovation)
The 3I voucher will be provided to innovative startups for the purchase of patent consulting services (e.g., patentability verification, prior art searches, support in drafting patent applications and subsequent filing, extension of applications in the international arena). (1) To provide support for enhancing the innovation process of start-ups. A total appropriation of €6.5 million/year is provided for this purpose, for the period 2019-2021.
B) collective trademarks and/or certified products, overseas promotion
A grant of up to 1 million euros may be given by M.I.S.E. to trade associations only. To support the overseas promotion of Italian products covered by collective and/or certification marks. However, this measure, like the one mentioned in paragraph ‘A’ above, is subject to the publication of implementing decrees by the M.I.S.E., which is reserved for defining the criteria and modalities for granting funding.
The Ministry of Economic Development – with specific regard to overseas promotion bonuses, it must first consult associations representing the relevant production categories. So as to define, hopefully within the current fiscal year:
1) The minimum requirements of the specifications,
(2) the minimum membership, verification and inspection provisions. In addition to penalties, in case of violation of the rules contained in trademark licenses,
(3) the criteria for the composition and mode of operation of the bodies to which the owners entrust the management of trademarks.
The MISE will also be responsible for supervising the activities eligible for subsidies, overseeing the proper use of the trademark and carrying out the controls provided for in the respective specifications, including for the coordinated and consistent promotion of these trademarks.
(c) ‘Trademarks+’, ‘Patents+’ and ‘Designs+’
‘Trademarks+’, ‘Patents+’ and ‘Designs+’, the funding aimed at boosting European and international registration of related intellectual property rights, are confirmed in the current decree. Which, however, postpones the opening of the relevant annual notices to annual decrees of the director general for anti-counterfeiting at the UIBM (Italian Patent and Trademark Office).
Patents, simplification of procedures
The international patent application ‘is equivalent to an application for a patent for industrial invention or utility model filed in Italy on the same date, and produces the effects thereof, if within thirty months of the filing date, or of priority, if claimed, a request is filed with the Italian Patent and Trademark Office for the opening of the national procedure for the granting of the Italian patent pursuant to Article 160-bis, paragraph 1.’ (2)
In the 30 months following the filing of the international patent application, protection can then be extended nationwide by filing an Italian language translation of the relevant application.
Patent box, favorable tax regime on royalties
The ‘Patent Box ‘ is an optional preferential taxation scheme for income derived from intellectual property rights. Such as, for example, royalties on copyrighted software, industrial patents, designs, processes, formulas and information relating to experience gained in the industrial, commercial or scientific fields that may receive appropriate legal protection. (3)
The measure applies to business income holders, who will be able to access it through their tax returns, covering 3 tax years.
Selena Travaglio and Dario Dongo
Notes
(1) Cf. D.L. 30.4.19 no. 34, converted with amendments into law on June 28, 2019 no. 58, art. 32, para. 7
(2) L. 28.6.19 no. 58, art. 32, para. 16
Lawyer, specializing 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.
