In 1939 Italy and San Marino signed the convention of Friendship and Good Neighbourhood. As a result of this agreement all registered intellectual property rights obtained in Italy were valid in San Marino and vice versa.
San Marino has now adopted its own laws on the protection of intellectual property rights and has also joined the Patent Cooperation Treaty, the European Patent Convention and the Madrid Protocol concerning the registration of trademarks, to which Italy already belonged.
On 23 December 2014 the two states reached an agreement setting out an up-to-date interpretation of Article 43 of the Convention of Friendship and Good Neighbourhood.
Reciprocity now applies only to trademarks, patents, designs and models registered or granted on the grounds of national applications filed direct with the Italian Patent and Trade mark Office or the Patent and Trade mark office of San Marino.
Reciprocity therefore no longer applies to patents, trademarks, designs and models obtained through international procedures including the Madrid Agreement, European Patent Convention, Patent Cooperation Treaty and The Hague Agreement.
If you require any advice in respect of the above please do not hesitate to contact us on 0191 281 4000in: Civil Procedure, Copyright, Designs, News, Patents, Trade Marks