Made In Italy Bill: focus on intellectual property

At the end of May 2023, the Italian Council of Ministers announced the approval of a bill introducing provisions for the promotion and protection of 'Made in Italy'.

As already anticipated in our previous article, the new regulations are designed to support the development of excellence in national manufacturing, cultural heritage and domestic cultural roots.

And what better way to safeguard and improve Italian creativity and manufacturing than through provisions related to intellectual property rights and their protection?

Firstly, the bill introduces the possibility for institutes and cultural sites to register their trademark and to grant the use of the same mark to third parties for a consideration. This will grant further recognition to these entities and their value.

In the context of measures in favour of businesses, it provides for specific funding from 2024 to purchase consultancy services to advise on patenting.

Then, there are provisions aimed at ensuring the recognisability and origin of Italian products, which is key to improving awareness in Italy and abroad of the value of Italian goods. Among these, there are the following measures:

• the adoption of an official mark certifying the Italian origin of goods which can be used by companies, on a voluntary basis, on items produced in Italy;
• the recognition of typical industrial and artisanal products rooted in a specific area, with the implementation of procedural guidelines to be enhanced by producers' associations;
• the use of the blockchain for product traceability through the institution of a national catalogue based on the requirements set by the European Blockchain Service Infrastructure (EBSI).

In order to preserve the uniqueness and exclusivity of 'Made In Italy' products, the bill includes some rules to support the fight against counterfeited products. 

On one hand, there is the increase of administrative fines for the purchase and placing of counterfeited goods - modifications to the Criminal Code and Code of Criminal procedure to punish people who hold counterfeits, as well as simplifying and speeding up the destruction of seized counterfeit goods. Last but not least the extension to counterfeiting offences of under covered operations.

On the other hand, the bill provides for the reorganization of competencies amongst the judiciary to ensure specialization of magistrates, alongside ad hoc training.

These new rules, together with the economic support provisions, will contribute to the creation of social awareness and the global recognition of 'Made in Italy' products, enhancing their qualities of excellence and exclusivity in Italy and around the world.