Reciprocity between Italy and San Marino
- “Each of the two States undertakes to prevent, in its territory, any usurpation of patents, models and designs which are protected in the other State, 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, patents or designs obtained through an 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 an 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/or San Marino.