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ITALY

Since March 1985

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar 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)  |  Sub-pillar 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)  |  Sub-pillar Adoption of the World Intellectual Property Organization (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)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram 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 March 2004, last amended in February 2014
Since April 2016, last amended in December 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar 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
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'IT')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"82163"},{"post_id":"82164"},{"post_id":"82165"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'IT')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'IT')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"EU"}]

ITALY

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar 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: Digital goods

IRELAND

Since April 2007

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Communications Regulation (Amendment) Act 2007
The Communications Regulation (Amendment) Act 2007 empowers the Commission for Communications Regulation to set rules on application procedures for domain names. Currently, these rules require individuals and companies to prove a valid "connection to Ireland" to register an official ".ie" domain. This connection can be proved with an RBN/CRO number, VAT number, tax clearance certificate from Ireland's Revenue Commissioners, Irish passport, Irish/UK driver's licence showing an address in the island of Ireland, Irish/Northern Irish bank statement showing an address in the island of Ireland, College ID or Public Services Card. Evidence that the company will be relocating to Ireland in the near future is also accepted.
Coverage Horizontal

IRELAND

Since June 2014
Since 2013

Pillar Online sales and transactions  |  Sub-pillar 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  |  Sub-pillar Ratification of the United Nations (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  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (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

IRELAND

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Ireland has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

IRELAND

Since April 2019
Since November 2021

Pillar Intermediary liability  |  Sub-pillar Monitoring requirement
Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC

European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021 (S.I. No. 567 of 2021)
Art. 17 of Directive 2019/790 on Copyright in the Digital Single Market (DSM Directive) mandates that providers of content-sharing services seek authorisation from rights holders and implement technical solutions to remove and prevent unauthorised uploads by their users (so-called upload filters), under penalty of losing their liability safe harbour. Further arrangements are envisaged for complaints and dispute resolution mechanisms. Such upload filters are reported to be a significant cost for online platforms. Graduated exemptions are expected to be put in place for new providers active in the EU for less than three years with a turnover under EUR 10 million and with fewer than five million users. The provision is subject to a challenge in the Court of Justice by Poland (C-401/19).
To implement Directive 2019/790, the Minister for Enterprise, Trade and Employment has signed the European Union (Copyright and Related Rights in the Digital Single Market) Regulations 2021, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
Coverage Online content sharing service

IRELAND

Since March 2010, entry into force in May 2010, last amended in 2018
Since July 2009, as amended in March 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)

Broadcasting Act 2009
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Ireland, the EU Directive was transposed into domestic law through the amendment of the Broadcasting Act of March 2023 (Online Safety and Media Regulation Act 2022). According to Section 159B of the Act, a media service provider under the jurisdiction of the State must not offer an audiovisual on-demand media service if the share of European works in its catalogue is less than 30%. Ireland has not implemented financial contribution obligations to VOD service providers.
Coverage On-demand audiovisual service

IRELAND

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Commission for Communications Regulation (ComReg), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

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