The legislative decree of 17.03.2020, No. 18, has extended both the time period and the type of proceedings affected by the suspension of time limits in proceedings pending before the Italian PTO (already established with the previous decree of the Ministry of Economic Development of 11.03.2020).

Namely, for the calculation of all the time limits in the proceedings pending before the Italian PTO (and concerning Italian IP rights), including the time limits related to proceedings for oppositions to registration of Italian trade marks, the period that is included between 23 February and 15 April 2020 will not be taken into account.

Time limits related to appeal proceedings before the Board of Appeal remain excluded from the suspension.

As regards payment of annuities and renewals, IP rights expiring between 31.01.2020 and 15.04.2020 remain valid until 15.06.2020. To extend the duration of an IP right beyond 15.06.2020, it will then be necessary to comply with the provisions of the Italian IP law (e.g. by paying the due annuity by 15.06.2020).

See the notice at the Italian PTO website and the Legislative decree (only in Italian language).

Andrea Scilletta