The Evolution of Intellectual Property in Italy

Written in conjunction with Colavecchia Simone - BA Global Law, Bocconi University

Intellectual property law protects creative and intellectual works, including innovations, artworks, designs, and symbols. Italy, renowned for its rich heritage of art, culture, and innovation, has significantly shaped intellectual property regulations. This field of law safeguards creators' rights through three main tools: copyright, trademarks, and patents. It serves as an umbrella term encompassing both copyright and industrial property protection.

The Early Foundations

Italy's mark in intellectual property began in 1474 with the Venetian Patent Act, often seen as the first modern patent law. This rule granted creators exclusive rights to their work for ten years, keeping them safe and pushing for new ideas. For example, a 15th-century inventor of a big machine could get one-of-a-kind use, preventing others from copying it.

In the time of the Renaissance, the growth of arts, science and invention showed an increasing need for the protection of ideas. Creators, from painters to builders, wanted praise and uniqueness,  making way for today’s intellectual property framework.

The 19th Century: Unification and Industrial Growth

The Unification of Italy with its regional spheres in 1861 resulted in essential changes in intellectual property law. The 1859 Sardinian Law on Industrial Property formed the foundation of the national Italian patent system. This unified framework not only allowed Italian industry to develop but protected the industries of other countries from competition. In the meantime, the Industrial Revolution was progressing and a new economy developed, with new machines, tools, and processes that could not be built through traditional artisanal methods, necessitating robust protection.

The Italian Civil Code 1865 (Codice Civile del Regno d'Italia) included only minimal copyright provisions, delegating these matters to specialized statutes. The Code was influenced by French Napoleonic tradition, focusing on general private law while addressing intellectual property specifics to specialized legislation, primarily the “Legge sul diritto d'autore”, which covered literature, music, and artistic works. The system was progressive, granting authors exclusive reproduction and distribution rights, including financial benefits. It also introduced early concepts of moral rights, though these were not explicitly codified. Copyright protection lasted for the author's lifetime plus an additional period. The 1865 Code helped standardize laws during Italian unification, laying groundwork for modern copyright law, now governed by Legge n.633/1941 and EU directives.

20th Century Modernization

The 20th century marked a decisive period for Italy, progressively adapting to international standards of modernity for intellectual property (IP) regulation. Notable milestones:

• In 1887, Italy joined the Berne Convention, which establishes rules for protecting literary and artistic works among member countries. For the first time, Italy aligned its copyright framework with international standards.

• In 1939, the Industrial Property Code restructured Italy’s system for trademarks, patents, and industrial designs.

• After 2nd World War, in the immediate postwar era, Italy revamped its intellectual property laws to ensure economic recovery as well as compliance with international standards.

Global Integration and Harmonization

In the context of the international system, Italy has also intensified its role in the field of intellectual property through: 

• Accession to the Paris Convention (1883): This treaty structured the first international framework for the protection of industrial property. 

• Foundation of WIPO (1970): In its spirit of defending creative works around the world, Italy was present at the foundation of WIPO. 

• Alignment with EU Directives: Italy amended its IP laws to align with the EU, promoting harmonization in areas such as trademark and design. The European Union approved the General Copyright Directive (EU) 2019/790 in 2019. It tackles challenges of the digital age, ensuring fair compensation for creators and enhancing access to content throughout the Digital Single Market.

New Developments: Industrial Property Code (CPI)

The 2005 Industrial Property Code (CPI) represents a major step forward in the Italian IP landscape. It synthesized and updated existing laws within an EU and WIPO framework. The CPI covers a wide range of protections, such as: Trademarks and distinctive signs, Geographical indications and designations of origin, Designs and industrial models, Patents and utility models, Topographies of semiconductor products, Trade secrets and new plant varieties. These protections, applicable within the national territory, are obtained through patenting, registration, or other methods specified in the CPI.

How IP is protected in Italy today

In Italy, Intellectual Property, including copyright, is protected through the SIAE, a public agency founded in 1882. Initially founded as an association, it became a corporation in 1927, and operates as a non-profit intermediary. Copyright is a fundamental category of natural constitutional rights that arise spontaneously at the very moment when a work of invention is created. It is important to note that these rights exist independently of any registration with the SIAE, which plays a complementary but not constitutive role. The SIAE primarily handles the practical management of copyright, acting as an intermediary to collect fees derived from the representation, distribution, and commercialization of works. This system enables, authors to rely on an organized system that protects their economic interests. The relationship between authors and SIAE functions as a delegation: members entrust the agency with managing the rights to their work, receiving in return periodic payments based on the actual use of their creations. This system greatly simplifies the management of rights or authors. From a practical point of view, anyone who intends to organize events involving the use of registered works must necessarily obtain prior authorization from SIAE, thus guaranteeing respect for the rights of authors. 

One particularly important aspect of the SIAE’s work is the fight against piracy. The agency has developed a capillary control network throughout the country, dedicated to monitoring and preventing unauthorized releases. In a broader perspective, SIAE does not act in isolation but actively collaborates with the Anti-Piracy Group, thus participating in coordinated action to combat copyright violations at the European level. As a concrete protection instrument, the SIAE stamp is an important marker that attests to the originality of the work and its legal protection within the copyright.

The owner of the IP holds the exclusive right to use, sell, license, or otherwise exploit the IP. In general, the person or entity who created the IP is considered the owner. However, there are some exceptions to this rule, such as when the IP is created as part of job duties or in collaboration with others.

What is not patentable according to art. 45 CPI?

General Exclusions (Art. 45 CPI)

• Discoveries, scientific theories and mathematical methods  • Medical treatment methods (but products used are patentable)  • Plans and methods for intellectual activity, games or commerce  • Software as such  (protected by copyright)  • Presentation of information  • Animal breeds and biological processes, except microbiological processes  • Registered plant varieties and  traditional/protected agri-food products

Biotechnology Exclusions

• Human body and its elements  • Human cloning  • Human germline genetic modification  • Use of human embryos  • Animal genetic modifications causing unjustified suffering  • Genetic screening  • Aesthetic creations  • Inventions against public order, morality, health and the environment

Bibliography:

• IP definition:

  • (https://pitt.libguides.com/copyright/definitions#:~:text=Intellectual%20property%20refers%20to%20any,%2C%20trademark%20law%2C%20and%20patents.)

• Venetian Patent Act (1474):

  • https://www.lsd.law/define/venetian-patent statute#:~:text=more%20thorough%20explanatio n%3A-,The%20Venetian%20Patent%20Statute%20was%20a%20law%20created%20in%20 Venice,others%20from%20using%20the%20invention.

• Berne’s Convention:

  • https://www.law.cornell.edu/wex/berne_convention#:~:text=The%20Berne%20Convention% 20for%20the,with%2010%20 European%20 member%20 countries.

• Paris convention: https://www.wipo.int/treaties/en/ip/paris/

• WIPO:

  • https://www.wipo.int/about-wipo/en/#:~:text=The%20World%20Intellectual%20Property%20 Organization,market%20and%20improve%20lives%20everywhere.

• European directive 2019/790:

  • https://www.wipo.int/wipolex/en/legislation/details/18927#:~:text='This%20Directive%20pro vides%20for%20rules,commerce%20works%20and%20other%20subject

• Industrial Property Code (CPI) (2005):

  • https://uibm.mise.gov.it/index.php/it/deposito-titoli#:~:text=La%20proprietà%20industriale% 20comprende%20marchi,riservate%20e%20nuove%20varietà%20vegetali.

• Categories that can be patented

  • https://trade.ec.europa.eu/access-to-markets/it/content/proprieta-intellettuale#:~:text=La%20p ropriet%C3%A0%20intellettuale%20(PI)%20si,di%20propriet%C3%A0%20intellettuale%20 (DPI).

• History of IP Law in Italy

  • https://www.senato.it/3182?newsletter_item=1546&newsletter_numero=147#:~:text=La%20n ozione%20di%20propriet%C3%A0%20intellettuale,nel%20circuito%20degli%20scambi%20 economici.