Country: talian Republic
Member: European Union Community Trademarks, Madrid Protocol
Trademark Law Treaties, Wto - Trips, Wipo, Berne Convention, Paris Convention, Pct, G -8, G- 20
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.
· 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.
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.
GIs in Italy are protected by way of the following:
1. EC regulations
2. Product specific laws applicable to:
· Dairy products
· Hams, Olive oils
1. Indications of Source
2. Indications of Origin
3. Geographical Indications
Wines are accorded 3 types of Appellations in Italy:
(i). Typical Geographical Indication – IGT – indicative of the name of the area where the wines are produced.
(ii). Controlled Designation of Origin – DOC – indicative of the renown, high quality of the products whose characteristics are connected to the local environment.
(iii). Controlled & Guaranteed Designation of Origin – DOC ‘G’ – indicative of the guarantee that entails the products.
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
Following can apply for registration of Gis:
· Consortia / Associations of Producers
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.
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.