Between Italy and San Marino there is a Convention of friendship and good neighborly coming back to 1939 which regulates the matter of trademarks, patents, models and designs in article 43. You can find here below the rules in the matter of trademarks:
Each of the two States undertake to prevent, in its territory, any usurpation of patents, models and designs that are subject, in the other State, of industrial property rights, as well as any usurpation or infringement of trademarks regularly registered and protected in the other State.
- With the ratification of the exchange of Notes between Italy and the Republic of San Marino has become fully enforceable the interpretation that the parties agreed on Article 43, interpretation which excludes the application of such article to the industrial property rights obtained in the States in question through the international agreements or conventions.
The above means that article 43 can be applied only to the industrial property rights which are registered in Italy and/or san Marino on the basis of national applications filed to the Italian Patent and Trademark Office or to the Trademark Office in San Marino.
- The protection of article 43 cannot be applied to trademarks, patent or designs obtained through and international registration procedure (international trademarks, European patents, models and designs based on The Hague Convention).
- If the owner of an industrial property right obtained through and international registration wishes to obtain protection in both States, he will be obliged to designate both of them, as the article 43 applies only to the applications filed in Italy and San Marino.
If you would like more information, contact Eva Troiani law firm who will give you all necessary advice.
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