LEGAL NEWS IN THE SPOTLIGHT | The new “Made in Italy” Law comes into force

On 11 January 2024, Law No. 206 of 27 December 2023, entitled “Organic provisions for the enhancement, promotion and protection of ‘Made in Italy’ products”, entered into force. Among the most significant developments are: (a) the introduction of provisions aimed at aligning the protection of Italian artisanal and industrial products in view of the incoming application of the EU Regulation on ___________________. More specifically, Italian regions are given the possibility to provide an official recognition for typical craft and industrial productions already subject to forms of recognition or protection, or for which the reputation and quality are strongly linked to the local territory. The Government will then define a uniform protection regime for these typical products. Associations of producers can express their interest in having their products recognised; (b) the Ministry of Enterprises and Made in Italy is allowed to acquire, free of charge, the “historical” trademarks of national interest from companies intending to cease their activities, in order to prevent the extinction of trademarks which are part of the Italian historical heritage; (c) Italian cultural institutes can register their trademarks and subsequently license them to third parties, thereby contributing to the self-financing and promotion of the national cultural heritage; (d) the introduction of an official mark certifying the Italian origin of goods, to safeguard and promote the intellectual property of goods produced on Italian territory and to combat counterfeiting more effectively. This latter trademark may be used, on a voluntary basis, by companies that produce goods in Italy and its use will be granted only after adequate scrutiny, regulated by a decree to be issued by the Minister for Enterprise and Made in Italy (see also below in the Anticounterfeiting Section).

Newsletter n. 93 – February 2024