Intellectual Property Laws at San Marino
San Marino has a comprehensive legal framework for intellectual property (IP) protection, primarily governed by the Industrial Property Consolidation Act (Law No. 79 of 25 May 2005), which consolidates various IP laws into a single statute.
🧠 Key Provisions of the Industrial Property Consolidation Act
1. Patents
Patentability: Inventions must be novel, involve an inventive step, and be capable of industrial application
Duration: Patents are protected for 20 years from the filing date
Rights Conferred: Exclusive rights to exploit the patented invention, with provisions for compulsory licensing under specific conditions
2. Utility Models
Protection: Covers new and industrially applicable inventions that may not meet the inventive step requirement for patents
Duration: Protection is granted for 10 years from the filing date
3. Industrial Designs
Protection: Applies to the aesthetic aspects of an article, provided they are new and have individual character
Duration: Protection is granted for 5 years, renewable up to a maximum of 25 years
4. Trademarks
Protection: Covers signs capable of distinguishing goods or services, including words, logos, and combinations thereof
Duration: Initial protection for 10 years, renewable indefinitely in 10-year periods
5. Trade Names and Geographical Indications
Trade Names: Protected against unlawful use, even without registration
Geographical Indications: Names that identify a product as originating from a specific place, where a given quality, reputation, or characteristic is essentially attributable to its geographical origin
6. Undisclosed Information (Trade Secrets)
Protection: Covers confidential business information that provides a competitive edge
Duration: Protection lasts as long as the information remains confidential and provides economic value
7. Unfair Competition
Protection: Prohibits acts of unfair competition, including misleading advertising and imitation of products
🏛️ Enforcement and Administration
Patents and Trademarks State Office Responsible for the registration and protection of patents, utility models, industrial designs, and trademarks in San Marin.
Judicial Remedies Rights holders can seek civil remedies through the courts for IP infringement.
🌐 International Treaties
San Marino is a signatory to several international IP treaties, including:
Paris Convention for the Protection of Industrial Property
Patent Cooperation Treaty (PCT)
Madrid Agreement and Protocol for the International Registration of Marks
Hague Agreement Concerning the International Registration of Industrial Designs
*Geneva Act of the Hague Agreement: San Marino acceded to this Act on 26 October 2018, effective from 26 January 2019, enabling international registration of industrial designs.
European Cooperation
San Marino became a member state of the European Patent Organisation in 09. In 2022, the Patents and Trademarks State Office signed a Bilateral Cooperation Agreement with the European Patent Office (EPO), effective from 2024 to 08. This agreement aims to enhance cooperation in areas such as knowledge sharing, IT infrastructure, and capacity building, aligning San Marino’s IP practices with European standards.
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