The aim of these articles is to keep our Clients and Associates updated about developments in the sector of Intellectual Property in general and our firm in particular. In this way, we wish to provide a broader view of the tools that the field of trade marks, domain names, patents, designs and related rights offers to entrepreneurs to enhance and protect their efforts in researching and developing new solutions and ideas.
Italy Takes a decisive Step Toward Implementing the EU Design Directive
Significant legislative developments took place this month in Italy concerning the implementation of the EU Design framework.
The final approval of the European Delegation Law 2025 by the Senate on 11 March 2026 and the following publication of the Delegation Law (Law No. 36/2026), which took place just few days ago (25 March 2026), mark indeed a decisive step toward the incorporation of Directive (EU) 2024/2823 into the Italian legal system.
This reform, part of the so-called “Design Package,” aims to modernize a system that has remained largely unchanged for over twenty years, aligning it with the digital era and the growing relevance of 3D printing technologies.
Key Developments for Design Protection in Italy
The forthcoming legislative decrees will introduce substantial amendments to the Italian Industrial Property Code, focusing on simplification, digital protection, and enhanced administrative tools.
- Broader Definition and Representation of Designs
The traditional concept of design as a purely physical object will be expanded. Protection will extend to digital elements, including graphical user interfaces (GUIs) and dynamic visual representations.
Design representations will still need to be “clear and precise,” but more flexible standards will allow the use of digital formats, including video files, to depict movement or virtual environments.
- Introduction of Administrative Invalidity Proceedings
One of the most impactful changes is the introduction of an administrative procedure before the Italian Patent and Trademark Office (UIBM) to declare a registered design invalid.
Currently, invalidation actions must be brought before civil courts, often involving significant time and costs. The new procedure will provide a faster and more cost-effective alternative, similar to existing mechanisms for trademarks.
- Simplification of Filing and Examination
The reform will facilitate multiple design applications by removing the requirement that designs belong to the same product class. Examination will be streamlined and limited primarily to compliance with the definition of “design” and public policy considerations, while novelty and individual character will be assessed only in the context of opposition or invalidity proceedings.
- The “Repair Clause”
The reform harmonizes EU rules on spare parts. Design protection cannot be enforced against components used exclusively to restore the original appearance of a complex product (such as automotive parts), thereby promoting competition in the aftermarket sector.
Italian Implementation Timeline
- Senate approval (final text): 11 March 2026
- Publication of the Delegation Law (Law No. 36/2026): 25 March 2026
- Deadline for implementing legislative decrees: by 11 December 2027 (final EU transposition deadline)
We will continue to monitor the legislative process and provide updates as the implementing decrees are drafted and adopted.
Should you have any questions or wish to discuss the potential impact of these changes, please do not hesitate to contact our attorneys at INTERPATENT.