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ITALY

Since March 1985

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Italy is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

ITALY

Since May 2001
Since April 1941, last amended in September 2022

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Directive 2001/29/EC

Copyright Law No. 633/1941 (Legge sul diritto d'autore (L. 633/1941))
There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
Italian legislation provides for a comprehensive set of copyright exceptions, some of which are implemented following the European Union legal regime. Those exceptions are mainly covered in Arts. 65-71 of Copyright Law No. 633/1941, and include:
- Reproduction of current news articles or broadcasts where the original source is indicated;
- Reproduction or communication of public speeches on matters of political or government interest;
- Use of fragments or quotations for criticism, discussion, or non-commercial teaching or research
- Reproduction and communication for persons with disabilities;
- Communication of low-resolution images and music over the Internet for educational or scientific purposes;
- Use of protected work in loans by state libraries made for cultural promotion or personal study;
- Reproduction of 15% of a work (excluding sheet music) for private use;
- Reproduction of music and videos for personal, non-commercial use.
Coverage Horizontal

ITALY

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
The European Union and Italy have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal

ITALY

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
The European Union and Italy have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal

ITALY

Since June 2016
Since June 2018

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)

Implementation of Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the Protection of Undisclosed Know-How and Business Information (Trade Secrets) Against Their Unlawful Acquisition and Disclosure (Official Gazette of the Italian Republic, No. 130) (Attuazione della Direttiva (UE) 2016/943 del Parlamento Europeo e del Consiglio, dell'8 giugno 2016, sulla Protezione del Know-How Riservato e delle Informazioni Commerciali Riservate (Segreti Commerciali) Contro l'Acquisizione e la Divulgazione Illeciti (Gazzetta Ufficiale della Repubblica Italiana, No. 130))
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Italy transposed the Directive through the Implementation of Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition and disclosure (Official Gazette of the Italian Republic; Number: 130)
Coverage Horizontal

ITALY

Since May 2014

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
It is reported that passive sharing is mandated in Italy, and it is practised in the mobile sector based on commercial agreements. In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector

ITALY

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The Italian government owns a 9.81% stake in TIM through Treasury-owned state lender Cassa Depositi e Prestiti (CDP). TIM is the leading Italian telecom operator, owning the country’s largest infrastructure. Also, Open Fibre, another Italian telecommunications company, is subject to the management and coordination of the single shareholder Open Fibre Holdings S.p.A., a company 60% owned by CDP Equity S.p.A. (a company attributable to the state-owned Cassa Depositi e Prestiti Group).
Coverage Telecommunications sector

ITALY

Since March 2004, last amended in February 2014
Since April 2016, last amended in December 2021

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)

Legislative Decree No. 50/2016 on Public Contracts (Decreto Legislativo 18 Aprile 2016, No. 50)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Italy, the Directive is transposed with Art. 137 (2) (16) of the Legislative Decree No. 50/2016 on Public Contracts.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment

ITALY

Since April 2016, last amended in December 2021

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Legislative Decree No. 50/2016 on Public Contracts (Decreto Legislativo 18 Aprile 2016, No. 50)
According to Art. 49 of the Decree No. 50/2016 on Public Contracts, contracting authorities shall only apply equal treatment in public tenders to economic operators from third countries that are members of the EU, signatories to the WTO Government Procurement Agreement, or other agreements with which the European Union is bound.
In order to ensure the professional competence of economic operators, Art. 83 stipulates that tenderers, if they are Italian citizens or citizens of another Member State resident in Italy, must be enrolled in the register of the Chamber of Commerce, Industry, Handicrafts or Agriculture or with the competent professional orders. Nationals of the Member States not residing in Italy are required to prove their enrolment in one of the professional or trade registers by means of a sworn declaration or in accordance with the procedures in force in the Member State in which they are established or by certifying under their own responsibility that the certificate procedure has been issued by one of the professional or trade registers established in the country in which they are resident.
Coverage Horizontal

ITALY

Reported in 2018, last reported in 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that the lack of transparency is a challenge for public procurement procedures in Italy, especially for foreign bidders, including with respect to overly narrow definitions of tenders and implicit biases in favour of local vendors and state-owned enterprises. Different stakeholders report complaints regarding a lack of transparency in the access to and management of public procurement processes
Coverage Horizontal
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ITA: [{"meta_value":"EU"}]

ITALY

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.03%
Coverage rate of zero-tariffs on ICT goods (%)
77.67%
Coverage: ICT goods

IRELAND

Since June 2014
Since 2013

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

S.I. No. 484 European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the S.I. No. 484 European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013.
Coverage Horizontal

IRELAND

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Ireland has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

IRELAND

Since 2000

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Ireland has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

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