Samples fall within the concept of confidential information mentioned in the Articles 98 and 99 of the Italian Industrial Property Code, as they are the result of investments and stylistic and technical-industrial experience in the creation of innovative products, provided that they are new and have individual character and are subject, by their designer "to measures to be considered reasonably adequate to keep it confidential"
Hence, if the legitimate owner wants to take steps to protect the design of such Samples, but does not want to resort to the more complex and costly procedure referred to in Article 31 of the Italian Industrial Property Code, he must:
The purpose of the service offered by ICEC is to provide the proof referred to in letter b) above, through a Certificate, having probative value, confirming that at a given date the applicant held the sample.
Therefore, the ICEC Certificate is just one piece of evidence that can strengthen the protection of products that a Company believes to have one or more exclusive and innovative aesthetic features, which are intended to be exhibited at trade fairs or company sites or public premises/sites. Its value is subject to the implementation of measures by the Company that can reasonably be considered adequate to keep the samples secret.
For other purposes, the Company will have to contact other registration service providers.
This type of registration applies to leather items, accessories, components, finished goods (e.g. footwear, leather goods), and in general all products possessing originality that the company would like to protect (publications, tanning auxiliaries, etc).
To start the process of registration of the sample the company sends to ICEC, via e-mail, a pdf file including some digital pictures of the sample and its technical data sheet, in addition to general information about the company and the article (i.e. the name of the legal representative and of the person appointed by the company to handle the certification process, name and commercial code of the article, etc.). ICEC will then affix the timestamp to this file. The date of Certification (and start of its annual validity) is that affixed with the timestamp.
The validity period of the ICEC service for each certified Sample is one year from the date of Certification. When it expires, the service for maintaining the Certificate shall be automatically renewed each year unless the Company sends notice of termination at least one month before expiry.
ICEC shall not, under any circumstances, certify the innovation of products which are implied by the Company when requesting Certification, nor be responsible for expressing opinions on disputes, but is only a witness to what was the subject matter of the Certification, merely attesting to have noted the existence of a given Sample on a given date at a given location.
The regulation of the service including all the details and estimates of the costs are available on demand .
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