ITALY
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Italy has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
ITALY
Since March 1985
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Italy is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
ITALY
Since 2005, last amended in 2021
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Italian Industrial Property Law
Foreign entities shall act before the Italian Intellectual Property Office through a representative registered in Italy. (see Art. 201 Italian Industrial Property Law). Patent applications are subject to formal examination.
Coverage Horizontal
ITALY
Since March 2022
Since march 2019
Since march 2019
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Law No. 21/2022
Regulation 2019/452
Regulation 2019/452
The Italian government implemented the Law No. 21/2022, on "Emergency Measures Decree to react to the economic and humanitarian effects of the Ukrainian crisis". The Decree further expands the Italian government's “Golden Power Rules”, the power to limit or block foreign direct investments and corporate transactions regarding national strategic assets, on any transactions concerning 5G communication networks and cloud technologies. In addition, any company involved in transactions concerning 5G communication networks triggering the Golden Rules have reporting obligations such as the submission of a detailed annual report describing 5G technology implementation.
In addition, Regulation 2019/452 allows EU Member States to maintain, amend or adopt mechanisms to screen foreign direct investments in their territory on grounds of security or public order. Within this framework and according to the Presidential Decree 23 December 2020, n. 179, foreign direct investment in Italy in construction, engineering and audio-visual services can be subject to screening mechanisms due to strategic importance and national security considerations. source
In addition, Regulation 2019/452 allows EU Member States to maintain, amend or adopt mechanisms to screen foreign direct investments in their territory on grounds of security or public order. Within this framework and according to the Presidential Decree 23 December 2020, n. 179, foreign direct investment in Italy in construction, engineering and audio-visual services can be subject to screening mechanisms due to strategic importance and national security considerations. source
Coverage 5G communication networks and cloud technologies
ITALY
Since March 2019
Since March 2012, last amended in 2022
Since August 2021
Since March 2012, last amended in 2022
Since August 2021
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Regulation 2019/452 establishing a framework for the screening of foreign direct investments
Law No. 21/2012
Law No. 199 of August 2021
Law No. 21/2012
Law No. 199 of August 2021
Under the Regulation 2019/452, Member States may maintain their existing investments screening mechanisms (21 Member States currently do), adopt new ones or remain without such national mechanisms. The Commission keeps an up-to-date list of screening laws in the EU. Member States must notify the Commission who may issue an opinion when an investment threatens the security or public order of more than one Member State, or when an investment could undermine a strategic project or programme of interest to the whole EU, such as Horizon 2020 or Galileo. The final decision remains with the Member State.
In Italy, Law No. 21/2012, and subsequent implementing regulations such as Law Decree No. 21 of 2012, Decree of the President of the Council No. 85 of March 2014, Decree of the President of the Council No. 108 of June 2014, establish the "Golden Power Rules" framework, providing a comprehensive foreign investment framework in Italy. In this context, the Italian government may impose concrete conditions to transaction or exercise a veto, mainly based on national interests connected to strategic sectors, including:
- Critical infrastructure, whether physical or virtual, including energy, transport, water, health, communications, media, data processing or storage, aerospace, defence, electoral or financial infrastructure, and sensitive facilities, as well as land and real estate crucial for the use of such infrastructure;
- Critical technologies and dual use items, including artificial intelligence, robotics, semiconductors, cybersecurity, aerospace, defence, energy storage, quantum and nuclear technologies as well as nanotechnologies and biotechnologies;
- Supply of critical inputs, including energy or raw materials;
- Access to sensitive information, including personal data, or the ability to control such information, the freedom and pluralism of the media; and
- Telecommunication sector.
- Contracts or agreements with non-EU entities relating to the supply of 5G technology infrastructure, components and services.
Additionally, Law No. 199 of August 2021, introduces a governmental review to the transfer of high technological intensity assets, mainly focusing on cybersecurity assets. Italy has used the "Golden Power Rules" to block numerous investments in areas relevant for digital trade, most recently vetoing the acquisition of an Italian semiconductor company by a Chinese group.
In Italy, Law No. 21/2012, and subsequent implementing regulations such as Law Decree No. 21 of 2012, Decree of the President of the Council No. 85 of March 2014, Decree of the President of the Council No. 108 of June 2014, establish the "Golden Power Rules" framework, providing a comprehensive foreign investment framework in Italy. In this context, the Italian government may impose concrete conditions to transaction or exercise a veto, mainly based on national interests connected to strategic sectors, including:
- Critical infrastructure, whether physical or virtual, including energy, transport, water, health, communications, media, data processing or storage, aerospace, defence, electoral or financial infrastructure, and sensitive facilities, as well as land and real estate crucial for the use of such infrastructure;
- Critical technologies and dual use items, including artificial intelligence, robotics, semiconductors, cybersecurity, aerospace, defence, energy storage, quantum and nuclear technologies as well as nanotechnologies and biotechnologies;
- Supply of critical inputs, including energy or raw materials;
- Access to sensitive information, including personal data, or the ability to control such information, the freedom and pluralism of the media; and
- Telecommunication sector.
- Contracts or agreements with non-EU entities relating to the supply of 5G technology infrastructure, components and services.
Additionally, Law No. 199 of August 2021, introduces a governmental review to the transfer of high technological intensity assets, mainly focusing on cybersecurity assets. Italy has used the "Golden Power Rules" to block numerous investments in areas relevant for digital trade, most recently vetoing the acquisition of an Italian semiconductor company by a Chinese group.
Coverage Horizontal
Sources
- https://www.lexology.com/library/detail.aspx?g=93962e5e-b5e2-4e08-9edb-b99e416e2850
- https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://www.governo.it/it/dipartimenti/dip-il-coordinamento-amministrativo/dica-norm-goldenpower/9299
- https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://circabc.europa.eu/rest/download/7e72cdb4-65d4-4eb1-910b-bed119c45d47
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ITALY
Reported in 2021
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
Different stakeholders report complaints regarding lack of transparency in the access to, and management of, public procurement processes. In addition, corruption remains a concern. To this end, although legal framework to fight against corruption is considered adequate, enforcement of the same has to improve.
Coverage Horizontal
ITALY
Since March 2004, last amended in February 2014
Since April 2016, last amended in December 2021
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 on Public Contracts
Legislative Decree No. 50 on Public Contracts
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 on Public Contracts.
In Italy, the Directive is transposed with Art. 137 (2) (16) of the Legislative Decree No. 50 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 |
Sub-pillar Other limitations on foreign participation in public procurement
Legislative Decree No. 50 on Public Contracts
As a general rule, the principle of non-discrimination applies. However, Art. 49 of the Decree on Public Contracts introduces the principle of reciprocity. Contracting authorities shall apply equal treatment to economic operators from third countries which are members of the EU, signatories to the WTO Government Procurement Agreement or other agreements with by 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 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.
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 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
Sources
- https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2016-04-18;50
- https://www.altalex.com/documents/codici-altalex/2016/04/20/codice-degli-appalti
- https://ustr.gov/sites/default/files/files/reports/2021/2021NTE.pdf
- https://www.infoparlamento.it/tematiche/codice-appalti-dlgs-50-2016-e-modificazioni/presidenza-del-consiglio-dei-ministri-dipartimento-della-funzione-pubblica-decreto-12-agosto-2021-n-148-regolamento-...
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IRELAND
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of 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 2000
Pillar Online sales and transactions |
Sub-pillar Adoption of 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 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 June 2014
Since 2013
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
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
Sources
- https://e-justice.europa.eu/content_consumer_rights_directive_201183-639-en.do
- https://enterprise.gov.ie/en/Legislation/Legislation-Files/European-Union-Consumer-Information-Cancellation-and-Other-Rights-Regulations-2013-S-I-No-484-of-2013-.pdf
- https://www.citizensinformation.ie/en/consumer/shopping/shopping_online.html
- https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:304:0064:0088:en:PDF
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IRELAND
Since 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 a RBN/CRO number, VAT number, tax clearance certificate from Ireland's Revenue Commissioners, Irish passport, Irish/UK drivers licence showing 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 March 2010, entry into force in May 2010, last amended in 2018
Since June 2019
Since June 2019
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 (Amendment) Bill 2019
Broadcasting (Amendment) Bill 2019
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. Article 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 through facilitating access to such works using any appropriate means to ensure prominence of European works. 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.
It is reported that the directive has been transposed, with the publication of the Broadcasting (Amendment) Bill 2019.
It is reported that the directive has been transposed, with the publication of the Broadcasting (Amendment) Bill 2019.
Coverage On-demand audiovisual service
Sources
- https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://erga-online.eu/wp-content/uploads/2021/12/ERGA-SG1-2021-Report-Article-13_1.pdf
- https://www.obs.coe.int/en/web/observatoire/home/-/asset_publisher/9iKCxBYgiO6S/content/which-eu-countries-have-transposed-the-avmsd-into-national-legislation-
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IRELAND
Since July 2000
Since 2003
Since 2003
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Statutory Instrument No. 68
Statutory Instrument No. 68
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbor. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The Statutory Instrument No.68 implements Directive 2000/31/EC (E-Commerce Directive), establishing a conditional safe harbour for Internet Service Providers (ISPs) in Ireland. The conditions prohibit any infringements of third-party rights, including rights relating to copyright or intellectual property, rights to which the law of defamation and malicious falsehood relate and rights under contract (Art. 15). The safe harbour is further delimited to certain activities - conduit, batching and hosting (Arts. 16–18) - carried out by internet intermediaries, rather than categories of service providers.
The Statutory Instrument No.68 implements Directive 2000/31/EC (E-Commerce Directive), establishing a conditional safe harbour for Internet Service Providers (ISPs) in Ireland. The conditions prohibit any infringements of third-party rights, including rights relating to copyright or intellectual property, rights to which the law of defamation and malicious falsehood relate and rights under contract (Art. 15). The safe harbour is further delimited to certain activities - conduit, batching and hosting (Arts. 16–18) - carried out by internet intermediaries, rather than categories of service providers.
Coverage Internet intermediaries