ITALY

COUNTRY : ITALIAN REPUBLIC

CAPITAL : ROME

LANGUAGE : ITALIAN

 

MEMBER : PARIS CONVENTION, WTO-TRIPS, BERNE CONVENTION, EUROPEAN UNION COMMUNITY TRADEMARKS, MADRID AGREEMENT AND MADRID PROTOCOL, TRADEMARK LAW TREATY, WIPO, PCT.

The IP affairs in Italy are looked after by the Italian Patent and Trademark Office (UIBM)

The Geographical Indications affairs in Italy are looked after by the Ministry of Agriculture & are supervised by the National Committee for Designations of Origin.

 


  • LAW PROTECTION GEOGRAPHICAL INDICATION ITALY

    • GIs in Italy are protected by way of the following:

      1. EC regulations
      2. Product specific laws applicable to:
      • Dairy products
      • Wines
      • Hams, Olive oils
  • ROLE PLAYED BY GEOGRAPHICAL INDICATION ITALY:
      • GI is a source indicator informing consumers about a product’s origin from a certain place.
      • GI confirms certain special characteristics  inherent to the product.
  • PROTECTION ACCORDED TO GEOGRAPHICAL INDICATION IN ITALY

    • In Italy, there are no specific national laws in place for protection of Geographical and Traditional names.

      EC legislation on GI and Designations of Origin is directly applicable.

      • Indications of Source
      • Indications of Origin
      • Geographical Indications

      Wines are accorded 3 types of Appellations in Italy:

      1. Typical Geographical Indication – IGT – indicative of the name of the area where the wines are produced.
      2. Controlled Designation of Origin – DOC – indicative of the renown, high quality of the products whose characteristics are connected to the local environment.
      3. Controlled & Guaranteed Designation of Origin – DOC ‘G’ – indicative of the guarantee that entails the products.
  • KIND OF GEOGRAPHICAL INDICATION NOT PROTECTABLE ITALY

    • Geographical Indications are not protectable if:

      • They are immoral or against public order;
      • GIs likely to mislead the public with respect to the place of origin of the goods;
      • Trademarks containing or consisting of GIs likely to cause confusion as to the quality of the goods not originating from the territory indicated;
      • They are confusingly similar to a trade mark for which rights had been acquired before the GI is protected in its country of origin;
      • GIs that indicate the place of origin of use of the wines & spirits originating in a region other than the place of origin
  • REQUISITES TO BE GEOGRAPHICAL INDICATION ITALY

    • Applications to contain the following:

      • Product specifications
      • Rules governing all stages of the production process
      • Specifications regarding quality standards, packaging, labelling etc.

      Once an application for registration is received it is processed by the National Committee for Designations of Origin and then forwarded to the Ministry of Agriculture.

      Products are then registered as Gis only after being inspected by independent inspection bodies formally set up and authorised by the Ministry of Agriculture.

  • WHO CAN FILE GEOGRAPHICAL INDICATION ITALY

    • Following can apply for registration of Gis:

      • Regions
      • Consortia / Associations of Producers
  • EXAMINATION OF GEOGRAPHICAL INDICATION ITALY

    • Interested parties may, post filing of the application object, oppose or ask for cancellation of the GI.

  • PUBLICATION & REGISTRATION OF GEOGRAPHICAL INDICATION ITALY

    • Applications complying with all formal requirements are approved by the National Committee.

      If there is no opposition post filing of the application, or the opposition is unsuccessful, the applicant’s GI is registered.

  • USAGE OF GEOGRAPHICAL INDICATION ITALY
  • Cost of Registration of Trademarks
Geographical News