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Consolidated Industrial Property

Original Language Title: Testo Unico in tema di proprietà industriale

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SAN MARINO
LAW 25 May 2005 79
SAN MARINO

ACT IN INDUSTRIAL PROPERTY
THEME

We the Captains Regent of the Most Serene Republic of San Marino

Promulgate and publish the following law approved by the Great and General Council
its meeting on 25 May 2005.




PREAMBLE
For the purposes of this Consolidated Act, the expression Industrial Property indicates both
property rights San Marino made by patenting (patents, utility models, plant varieties
) or by registration (trademarks, designs and models), and the related rights to commercial
names, indications of source, designations of origin, different brands from
trademark, confidential company information.
It is also regulated in the present Consolidated protection against acts of unfair competition
.
In addition to the substantial part, this Consolidated determines the peculiar discipline
follow in order to manage the supervision procedures to protect the rights previously indicated.

TITLE I PATENTS





Art.1 (Definition of "patent" and "invention")

For the purposes of this Consolidated is defined:
I) "invention" - a technical teaching, the contents of which, regardless of
mode in which it is expressed, meets the requirements and conditions laid down in this Act regulatory;
Invention may be or may relate to a product, a new use of a product or a process or a method
;
II) "patent" - the title granted conferring exclusive rights.


Art.2 (Patentable Subject Matter and exclusions from patentability)

1. An invention is patentable if it is new, it involves an inventive step and is susceptible of industrial application
.
2. Not be regarded as inventions within the meaning of Article 1 in particular:
a) discoveries, scientific theories and methods mateatici,
b) aesthetic creations,
c) schemes, rules and methods for performing mental acts, playing games or doing business and
computer programs,
d) presentations of information. 3
. The provisions of paragraph 2 above exclude the patentability of objects and
activities they appointed only to the extent that the patent application or patent relates to such
objects or activities considered as such.
4. They are not patentable inventions:
a) concerning the methods for surgical or therapeutic treatment of the human or animal body and
diagnostic methods practiced on the human or animal body. This provision does not apply to
products, in particular substances or compositions of substances, for the implementation of one of
appointed methods;
B) the implementation of which would be contrary to public policy or morality; implementing a
invention it can not be considered contrary to public policy or morality for the
only because it is prohibited by a provision of law or administrative; to this end they are considered unpatentable in particular
:
I) processes for cloning human beings;
II) processes for modifying the germ line genetic identity of human beings;
III) uses of human embryos for industrial or commercial purposes;
IV) processes for modifying the genetic identity of animals which are likely to cause the
their suffering without any substantial medical benefit to man or animal, and also animals resulting from such processes
.
C) relating to animal breeds and essentially biological processes for the production of
same; This provision does not apply to microbiological processes or the products
using such processes;
D) relating to the human body at the various stages of its formation and development, and the
simple discovery of one of its elements, including the sequence or partial sequence of a gene
.
5. A process for the production of plants or animal is essentially biological if
consists entirely of natural phenomena such as crossing or selection.
6. A biological material which is isolated from its natural environment or produced by means of a technical process
may be the subject of an invention even if it previously occurred in natural state
.
7. For the purposes of this Consolidated apply:
a) '' biological material '' means any material containing genetic information, self-playing or
capable of replication in a biological system;
B) '' microbiological process '', any process you use a material microbiological
, which involves an operation on the materi microbiological, or resulting in

Microbiological material.

Art. 3
(New)

1. An invention is new if it is not included in the technical statodella.
2. State of the art consists of everything that is available to the public anywhere in the world
by publication or by oral disclosure or use before the filing date
of the application claiming the invention or, if applicable, before the priority date
. 3
. For the purposes of paragraph 2 above disclosure is considered relevant only if attuned to ways
understanding to an unspecified number of people the inventive teaching content.
4. For the purposes of paragraph 2 above, any disclosure of the invention to the public is not
taken into consideration if it occurred in the six months preceding the filing date or, where applicable
, the demand priority and whether it was due to or as a result of acts
connected by the applicant or his predecessor in title or abuse connected by a third party against
of the applicant or his predecessor in title.
5. To determine the novelty of an invention, the state of the art
elements can be considered only individually and not combined.
6. The prior art also includes the contents of applications for patents filed
in the Republic of San Marino, or other patent applications having effect in the State
same, in particular the Italian patent applications, protected under ' Article 43 of the Convention
friendship and good neighborliness between San Marino and Italy of 31 March 1939, as well as
were filed, of which the dates of filing are prior to the date referred to in paragraph 2 above
, and that they are published or made available to the public on this date or later.
7. The provisions of the preceding paragraphs shall not exclude the patentability for implementing
one of the methods referred to in Article 2 paragraph 4, letter a), of a substance or composition of substances
already considered in the state of technique to ondizione that its use in a
any of these methods is not comprised in the prior art.
8. It is considered the disclosure occurred at official, or officially recognized
under Convenzioe relating to international exhibitions signed
in Paris on 22 November 1928 and subsequent re Isioni, provided that it has not taken place before the
six months preceding the date of filing. The Office of Patents and Trademarks
State Director may designate other officers exposures for which these conditions apply.

Art.
4 (Inventive)

1. An invention is considered as involving an inventive step if, having regard to the state of the art
concerning the application claiming the invention, it would not have been obvious to
a person skilled in the art.
2. For the determination of inventive step, they are not taken into consideration the documents
state of the art referred to in Article 3, paragraph 5.


Art 5 (Industrial Applicability)

1. An invention shall be considered as susceptible of industrial application if it can be
made or used in any type of industrial activity.
2. The term '' industry '' must be understood in the broadest sense; it also includes any
activities in the craft industry, agriculture, fisheries and services.

Art. 6
(Proprietor of the patent)

1. The right to the patent belongs to the inventor or his successor in title. If the invention is due to several inventors
, the rights conferred by the patent are governed by this Consolidation Act, unless otherwise agreed
.
2. If two or more inventors have made the same invention independently
from one another, the right to a patent for that invention shall belong to the person whose patent application has the front
date of filing or, if applicable , the earlier priority date, to
condition that the patent application has been published. 3
. For the purposes of the procedures below the Patents and Trade Marks State, it is assumed that the
applicant holds the right to the patent and entitled to exercise.
4. The applicant for the patent, may designate in the application one or more persons to whom
confer rights on the patent, specifying the ntura of these rights.
5. This designation shall be recorded in the Patent Register and on the patent itself,
long as the acceptance is communicated to the Office of the designated State Patent and Trademark
before the grant of the patent.
6. If the invention is due to the combined contributions of several inventors, the rights relating to the

Patent and its exploitation shall be considered unless ccordi in contrast, have fellowship in parts
equal and governed by the regulations concerning communion.
7. Unless otherwise agreed, the transfer of dir cts by the patent matter
nell'acquirente the burden of paying the relevant fees; and, if the transfer is in favor of more
persons, jointly or proportionally, all shall be jointly liable to pay those taxes.
8. All the benefits that international conventions recognize, have recognized or will recognize
to foreigners in the territory of the Republic of San Marino, regarding patents,
means extended to the citizens of San Marino.
9. They may not, either directly or through intermediaries, for patenting, or become
assigns or otherwise be interested to them, employees of State Department employees
Patent and Trademark Office, until after two years since they ceased to belong to that office.

Art. 7
(Inventions made by employees)

1. In the case of invention occurred in response to an order or a report of
employment, the right to patent the invention, in the absence of contractual provisions to the contrary
, it is the client or employer.
2. The employee is entitled to equitable remuneration, however, given the
his salary, the economic value of the invention and any benefit to the employer
work from the invention. 3
. If that do not qualify laid down in paragraphs 1 and 2 above, and it is
industrial invention falling within the scope of activity of the company or private
Public Administration to which the inve tor is employed, the employer work has the right to first refusal
for exclusive use, or not exclusively, the invention, or for the purchase of the patent,
well as the right to ask for, or purchase, for the same invention, patents abroad
towards the rent or payment of the price, to be determined after deduction of an amount corresponding
aid and / or opportunities that the inve tor has still received by the employer to reach
invention.
4. In the case referred to in paragraph 3 above sussi you in chief inventor of the burden
tell the employer the invention, the deposit of that as
patent application and ultimately the achievement of the concession . The employer will
exercise the right of first refusal within three months from the communication received by the
employee inventor of the patent grant.
5. The relationships established with the exercise of first refusal referred to in paragraphs 3 and 4
resolve of law where not being paid in full at maturity due.
6. In the cases provided for in paragraphs 3 to 5, if no agreement is reached about the award,
royalty or price, or on the respective mode, it provides a college of arbitrators, consisting of three
members appointed one from each party, and the third appointed by the first two, or, in case of disagreement
, the Single Court of the Republic of San Marino.
7. For the purposes of the preceding paragraphs, it is deemed to be made during the execution of the contract
or employment relationship, the pr industrial invention which is properly filed application for patent
within one year since the inventor has left the private company or Public
Administration, in whose field of activity the invention falls stssa.
8. Notwithstanding the foregoing provisions, when the employment relationship exists with
Organization Public Research (OPR), which has among its institutional tasks
research purposes, the inventor communicates his invention all'OPR in the manner specified by them, so that it can manifest
, within two months of such communication, their
interest in exercising the right to require the patent.
9. The RPGs are pursuing research purposes shall be in place, as part of its financial resources, the
facilities suitable to ensure the exploitation of inventions made by researchers.
10. The inventor has the right to be recognized as the author and the right to receive
least 30% of that obtained from the income c exploitation of the patent requested by the PRO.
11. Once the deadline referred to in paragraph 8 without the OPR has given his
interest in exercising the right to require the patent, or in any case he has not carried out such
deposit within the next four months of that event, the right to deposit it
inventor. If the OPR has exercised his right to request the patent but within two years

By the release has not begun exploitation, the inventor
automatically acquires the right of exploiting the invention and to exercise the economic rights associated with it.
12. In assessing the territorial extension of the protection, the OPR has the right to decide in which countries
extend the effectiveness of the priority application. However the inventor must
have the possibility (at their own expense) to decide whether the extension should be made in
territories excluded by the PRO. Similarly, during the annual renewal, the OPR is not obliged to maintain
payment of annuities in countries not their own interests. E 'without prejudice to the possibility of maintaining
inventor (own sp if) the payment of such annuities.
In the cases referred to in this paragraph, the inventor will own 70% of the economic benefits arising from
made exploitation in countries chosen by him or otherwise renewed in
maintenance fees, while the remaining 30 % will still be donated all'OPR.
13. The inventor has the right of first refusal for the purchase of the patent if the OPR
decide, once it filed the patent, the offr rlo in the market sale.
14. In the case of several inventors, all have the right to be recognized authors; in which case the
entitled to receive at least 30% of that obtained by use of the patent is to be divided
among the authors in equal parts, unless it is agreed or is diagnosed participation other than the realization of
'invention, in which case the allocation takes place in proportion to the contribution of each
. The assessment of such entities is devolved to the jurisdiction of the Commissioner
Law.

Art. 8
(Right to patent)

1. If by a final court judgment is established that the right to the patent belongs to a person other than
who has filed the application, that person may, if the patent has not been granted yet
and within three months from the passage in udicato of the judgment, at its option:
a) take in his own name the patent application covering in effect the quality of
applicant;
B) file a new patent application, which are applicable, to the extent that the content of
it does not exceed that of the first question, dates back to the filing or priority date of the initial application which
however, it ceases to have effect;
C) obtain the rejection of the application.
2. If the patent is granted in the name of other than the entitled, the latter may at his choice
:
a) obtaining a decision having retroactive effect, the tr transfer to his name of the patent;
B) claim nullity of the patent granted to those who do not, and he was entitled. 3
. After a period of two years from the publication referred to in Article 26, paragraph 1
next, without the claimant has earned one of the options provided for in paragraph 2, letter b)
earlier, the nullity of the patent granted to those who are not entitled may be relied on by
anyone interested.



Art.
9 (Designation of the inventor)

1. The inventor shall be entitled, in respect of richiednte of the patent application or patent
, to be mentioned later the State Office of Patents and Trademarks.
2. Each designated inventor will be mentioned on the patent application or on the dossier
patent, unless it does not expressly renounces by written request addressed
the Patents and Trade Marks State. 3
. The State Patent and Trademark Office does not verify the accuracy of the designation of the inventor
. An incomplete or incorrect designation of the inventor can only be rectified
of application accompanied by a declaration of consent of the person previously designated and
if the application is not presented by the applicant or patentee, also by a
of this consensus statement.
4. If a third party presents the Patents and Trade Marks State a judgment, res judicata
, according to which the applicant or the holder of a patent is required to designate it as
inventor, the State Patent Office Trademarks and the notes on the patent Register and publish
in the Official Bulletin.
5. The inventor, to which the Patent and Trademark Office has rejected the request
enter his name in the Patent Register and the Patent br, may appeal.
6. The appeal under the preceding paragraph shall not suspend the granting of the patent, subject to subsequent
insertion in the Patent Register of the inventor's name.


Art.10 (Patent application)

1. The patent application is filed with the Office of Patent and Trademark and must

Contain a request, a description and an abstract. The application must be filed
by the inventor or his successor in title, or by his authorized representative.
The application shall be accompanied by payment of the prescribed fee.
2. The application must include:
a) petition for the grant of the patent contenen the surname, first name, nationality and domicile of the applicant
, the surname, the name of the inventor and the surname, first name
the agent, if there is, and the title of the invention, which briefly and with
accurately its characteristics and purpose.
B) a statement justifying the applicant's right to the patent if the applicant is not the inventor
. 3
. The question must be accompanied by:
a) the description of the invention containing drawings of the invention, where it is necessary;
B) the document proving payment of the prescribed fees;
C) designate the inventor.
4. When there is an agent, the application must also be united the power of attorney,
or the letter of appointment.
5. If the applicant does not designate the inventor or the power of attorney
on application, it is granted an opportunity to present these documents within two months of filing the application
.
6. In the event of a priority claim, they must also be joined by the documents referred to in Article 11.


Art. 11
(Acts the priority claim)

1. In the event of a claim of priority resulting from the filing of an earlier application, the applicant will provide
Office of Patent and Trademark documents and news
proving the existence of priorities as specified in the following paragraphs.
2. And 'recognized as giving rise to the saying tto priority any deposit having
value of regular national filing under the national islation of the State in which it is
was made or under bilateral or multilateral agreements deposited, for same invention, in
date not earlier than twelve months from the date of filing the application for registration of the San Marino
. By a regular national filing is meant any filing
appropriate to establish the date on which the application was filed, whatever may be the outcome of the application. 3
. For the purposes of this Consolidated an invention claimed in a patent application is considered to be the same
of an invention that is the object of a patent application front
only if the craft person can derivar the object the claim of
patent application directly and unambiguously, using common general knowledge, from
previous application as a whole.
4. Must unite to demand a document from you detect the name of the applicant, the
title of the invention, the description which was the subject of that storage and the date on which the application was filed
.
5. If the filing is followed by others, the applicant must also give evidence of being
successor or assignee of the first applicant.
6. The documents referred to in paragraphs 4 and 5 above must be accompanied by
translation in Italian, containing, for ev ntuali quantitative information, beyond the measures
original, even those Relate to the metric system.
7. The State Patent and Trademark Office may request that the translation be verified
and authenticated by the authorities of San Marino.
8. The certificates, which are also translated into Italian, issued by directors or presidents of industrial property offices
the State party of the World Geneva
Intellectual Property shall be exempt from legalization and may be replaced by publications
officers, bearing the stamp or visa office from which they come.
9. The applicant responsible for the exact conformity of the aforesaid translations with the original
.
10. Multiple priorities may be claimed for a patent application even if they come from different Member
. Multiple priorities may be claimed, if necessary, for a
same claim. In case of multiple priorities, the terms beginning with the date of priority
begin from the date of the earliest priority.
11. If one or more priorities are claimed in the patent application, the right of priority
covers only those elements of the patent application contained in the application or applications whose priority is claimed
. The right of priority may be claimed in a single application if there is unity of invention
.
12. If certain elements of the invention for which priority is claimed do not appear in
claims formulated in the previous application, it is sufficient, for the recognition of

priorities, that the complex of the earlier application documents reveal precisely those elements
.
13. As a result of the priority, the priority date is considered as the filing date of the application
. The claim of priority rights must be mentioned in the application for patent
.
14. The patent is granted without mention of the priority if within six months of filing
demand, or sixteen months from the priority date, whichever time limit expires later,
are not produced, in due form, the documents indicated above. If the priority of a
filing made under the terms of existing international conventions has been refused,
the patent shall mention such refusal.



Art. 12
(description)

1. The description must disclose the invention in a manner sufficiently clear and complete
so that it can be implemented by a person skilled lmente norm in the branch and shall state, in particular
, one or more preferred examples of the invention attu known to the applicant.
2. The description shall be in order:
a) an extract;
B) the technical description of the invention;
C) one or more claims in which is shown, specifically, what is intended should form
object of the patent;
D) any drawings. 3
. The description should be written and stamped, indelibly and clear on
ISO A4 size paper. The minimum margins are 1.5 cm on all sides of the sheet.
4. The patent application will be accompanied by three eg mplari of that description, of whose identity
replies the applicant for the patent. The treesemplari
must be signed by the applicant or his agent.

Art. 13
(Excerpt)

1. The abstract merely serves the purpose of technical information; in particular, it is not
taken into account for the interpretation of the claims.
2. The abstract shall contain the title of the invention. 3
. The abstract should include a brief summary of what is exhibited in the exposition technique
, claims and drawings; the summary shall indicate the technical field to which the invention belongs
and must be prepared to allow a clear understanding of
technical problem, the essence of the solution of this problem through the invention and the | || o of the main uses of the invention. The extract may include the chemical formula
that, among those listed in the patent application, best characterizes the invention
. It shall not contain statements on the alleged merits or value attributed
invention or its hypothetical applications.
4. The extract must contain, preferably, not more than one hundred and fifty words.
5. If the patent application includes drawings, the applicant shall indicate the figure of
design or, exceptionally, the figures of the drawings which he proposes to publish together
extract. The State Patent and Trademark Office may decide to publish another figure or other
figures if it considers that it makes or that they better characterize the invention.
Each of the main features mentioned in the extract and illustrated in the drawing must be
followed by a reference sign placed in parentheses.
6. The abstract shall be drafted so that it can effectively serve as a
selection tool in technical field and allow, in particular, to establish whether it is necessary or not
see the patent application itself.

Art. 14
(Technical exposure)

1 Technical exposure should:
a) begin with the title of the invention, formulated exactly as in the request for grant of patent
;
B) specify the technical field to which the invenzioe refers;
C) indicate the state of the prior technique to the extent that, in the applicant's knowledge, it
can be considered useful for understanding the invention and, preferably, is
cite the sources from which it is was the background art;
D) disclose the invention, which is characterized in the claims, in terms that you can
understand the technical problem, even if it is not explicitly mentioned as such, and
its solution; indicate also any v ntaggi procured by the invention over the prior art
;
E) briefly describe the figures contained in the designer, if any;
F) in detail at least one way of the invention for which protection is sought
; this remark should bring examples, where appropriate, and references
drawings, if any;

G) indicate explicitly, if that is not clear from the description or nature of the invention
, the manner in which the latter is capable of industrial application.
2. The technical description must be submitted in the manner and order specified in paragraph 1, in
unless, because of the nature of the invention, a way or a different order does not permit a better understanding
or a brief presentation.

Art. 15
(Form and content of claims)

1. The claims have to be defined, indicating the technical features of the invention,
the object of the patent application for which protection is sought and the scope of protection
. Where justified, the rivendicazoni must contain:
a) a preamble containing the designation of the object of the invention and technical features
necessary to define the claimed elements but which, taken together, are part
state of the art;
B) a characterizing portion, preceded by the expression '' characterized in '' or ''
characterized by '', which sets out the technical features for which, together with the characteristics set out in the letter to
) protection is sought.
2. A patent application may contain more independent claims of the same
category (product, process, device or use) if the object does not
invention may conveniently be covered by a single claim. 3
. Each claim mentioning the essential characteristics of the invention can be
followed by one or more dependent claims and containing all the features of the claims
which they depend, relating to particular modes of implementation of this invention.
4. Any dependent claim must submit, possibly in the preamble, a reference to the
or other claims which d hang and specify the characteristics additional
for which protection is sought. A dependent claim is equally
allowed the claim to which it directly relates is herself a
a dependent claim. All the dependent claims that refer to a single front
claim or more earlier claims should, as far as possible,
be grouped in the most appropriate way to make clearer understanding of the
dependence structure.
5. The number of claims must be reasonable, t nuto
account the nature of the invention for which protection is sought. If there are several claims, they must
be numbered consecutively in Arabic numerals.
6. Claims, except in cases of absolute necessity, should not be based, as regards the invention
technical features, on references to the description or drawings;
in particular, they shall not rely on references of the kind: '' as described in the description of
'' or '' as shown in the drawings figure ''.
7. The claims have to be clear and concise. Ese should be based entirely on the description
.
8. If the patent application contains drawings, the technical features mentioned in the claims
must, as a rule, if it facilitates the understanding of the claim, be
followed by reference signs relating to these features, placed in parentheses. The reference signs
can not be understood as a limitation of the claim.

Art. 16
(Drawings)

1. The drawings must be supplied in the patent application when they are necessary for the understanding of the invention
.
2. The useful surface of the sheets containing drawings shall not exceed 26.2 cm x 17 cm. The surface
useful or used these sheets should not be boxed. The minimum margins are as follows
:
a) top margin: 2.5 cm;
B) left margin: 2.5 cm;
C) right margin: 1.5 cm;
D) bottom margin: 1.5 cm. 3
. The drawings must be executed as follows:
a) The drawings must be executed in lines and persistent traits, blacks or blue, sufficiently dense and dark
, uniform width and with well-defined edges, no color or paintwork.
B) The sections must be indicated by hatching which does not impede reading of the signs
reference and guidelines.
C) The scale of the drawings and the clarity of their graphical execution shall be such that a photographic reproduction with a linear reduction
two thirds is to distinguish
without effort all the details. In exceptional cases, where the figure in the drawing, the scale must be
represented graphically.
D) The numbers, letters and reference signs appearing on the drawings shall, without exception,

Be simple and clear. The use of brackets, circles cts or commas, in combination with
digits and letters is not allowed.
E) All lines of the drawings are usually drawn with the drawing tools.
F) The elements of the same figure must be in proportion to each other, unless
a difference of proportions is not essential for the clarity of the figure.
G) The height of the numbers and letters shall not be less than 0.32 cm. The Latin alphabet, and if
such is the custom, the greek alphabet, should be used to the letters appearing on
drawings.
H) A drawing sheet may contain several figures. Where figures drawn on multiple sheets are
parts of a complete figure, they must be prsentate so that we can form the complete figure
without, concealed any part of the figures that are located on different sheets
. The figures should be arranged, preferably, in the vertical direction, on one or more
sheets, clearly separated from each other, but without waste of space; they must be
consecutively numbered in Arabic numerals, independently of the numbering of the sheets.
I) You can use the reference marks on drawings only if they appear in the description and in the claims
and vice versa. The reference signs of the same elements
must be identical throughout the application.
4. The drawings must not contain explanations, except for brief information essential
; such as '' water '', '' steam '', '' open '', '' closed '', '' section AB '' and, for the schemes electrical
, the plant schematics and diagrams that represent
schematically the steps of a process, short key words necessary for their understanding.
5. The diagrams of steps in a process and diagrams are considered drawings.
6. If the applicant submits a single copy of the description or drawings, it is
granted an opportunity to present the other two copies within two months of filing the application.


Art. 17
(of microbiological material storage mode)

1. If an invention relates to a microb ologico or a product obtained by such a process and
procedure involves the use of a microorganism not accessible to the public
and which can not be described in such a way d to allow every skilled person in the | || branch to implement the invention in the patent application must be observed, as the
description, the following rules for it to be considered described:
a) a culture of the microorganism has been deposited, no later than the day same store
of the patent application, to a collection center of such crops
provisions of the Budapest Treaty;
B) the application as filed contains the information pertnen of which the applicant has on
characteristics of the microorganism;
C) the application is completed with the indication of a crop collection center enabled
from which a culture of the microorganism has been deposited and the number and the date of filing
of that crop, save the faculty for the State Office of Patents and Trademarks to ask
copy of the deposit slip. They consider themselves authorized centers those recognized for purposes of obtaining a European patent
or international authority recognized under a convention
ratified by the Republic of San Marino.
2. The particulars referred to in subparagraph c) above may be submitted within
a period of two months from the patent filing order now. The communication of these indications
is considered an irrevocable consent and without the holder of reserves in demand
to make the deposited culture available to any person who
from the date on which the patent application is made accessible to the public, submits a request to the central
collection from which the microorganism has been deposited. 3
. Such request shall be notified to the holder of the application or patent and shall
supplemented by the following:
a) the name and address of the person making the request;
B) a commitment by the person making the request against the holder of the patent or application for patent
not to make culture accessible to any third party;
C) the commitment to make use of this crop through a qualified expert
by name only shown for purposes experim Ntali until the date on which the patent application
is not rejected or withdrawn or the patent it is permanently revoked or declared null and
has failed any possibility of reinstatement in favor of the applicant or patent holder
.

4. The expert designated for use is respon skilled severally to
abuses committed by the applicant.
5. If the biological material deposited in accordance with the previous paragraphs and no longer available
at the recognized depositary institution, is a new deposit of the material to the same
conditions provided for in this Article.
6. Any new deposit shall be accompanied by a statement signed by
depositor certifying that the biological material that is the subject of the new deposit is identical to the one
originally deposited.

Art. 18
(Unity of invention)

1. Each application must be designed to a single invention or a group of related inventions
between them so as to form a single inventive teaching.
2. If the application includes more than one invention, the d State Patent and Trademark Office will invite the person concerned
, assigning a term, to limit the application to a single invention, with
entitled to submit, for the remaining inventions, as many divisional applications, which will
effect from the date of filing or, if relevant, the priority of the original application. 3
. An appeal against this decision to suspend the period fixed by the Office of State
Patent and Trademark Office.
4. The applicant may also, on its own initiative, divide a patent application
brought in two or more divisional applications until such time as the State Office of Patents and Trademarks
has provided to the granting of the patent.
5. The content of the divisional application shall not extend beyond the content
disclosed in the original application in the form in which it was filed.
6. The documents of priority and any of their translation request which was filed at the State Patent and Trademark
about the original question, is considered to be filed
each of divisional applications.
7. If upon confirmation pursuant to article 25, it is clear that the
already granted patent lacks unity, the patent can be divided appropriately
in accordance with the provisions of this Consolidation Act.
8. For each question divisional application, the applicant must pay the required taxes.

Art. 19
(Review of filing formalities)

1. The filing of the patent application, the Office of Patent and Trademark
formally examines the documents making up the application and grant a filing date if at least the following documents were deposited
:
a) a patent invention of San Marino;
B) sufficient information to identify the request irons nte;
C) a description of the invention.
2. In the event that the Office of Patent and Trademark finds that, after receipt of a
patent application, the provisions of paragraph 1 shall not s not been fulfilled, it will invite the applicant
, if available, to fulfill the provisions of this Consolidation Act. If the applicant
observes the rules, the filing date will be that of the receipt of all documents missing
. Otherwise the application will be deemed not filed. 3
. If the description of the patent application reference is made to the drawings,
the Office of Patent and Trademark will invite the applicant to produce the missing drawings.
If the applicant complies with the request, the filing date will be the date of receipt of the missing drawings
. If the applicant does not fulfill the invitation, the filing date will be the date of receipt of the
description and any reference to drawings will be deleted.
4. In the event that the filing date has been assigned, the Office of Patent and Trademark
shall inform the applicant in writing or delivery receipt.

Art. 20
(Amendment, correction and withdrawal of the application)

1. The applicant, in time, during the examination procedure, even after the publication
of the application referred to in article 21, however, before the State Office of Patents and Trademarks
has provided to the granting of patent, has the power to correct, by
integrate, even with new examples, or limit the description, claims or drawings originally filed
by apostille on the description and drawings adjustments, signed by the applicant or
his authorized representative.
2 The State Patent and Trademark Office must keep records of the original question
, to be the date of receipt of the changes, and take any other appropriate interim
ways to make clear to the public and videnti
changes and the date on which they occurred. 3
. No amendment, addition or correction can extend the technical content of

Question beyond the content described in the application when depositing. To this end, it has
extension of the technical content of an application, if the man of the trade could not
deduced objectively from the application as filed, the technical information added.
4. The applicant can always withdraw the application, provided that his request reaches the Office of State
Patent and Trademark Office and in good time during the concession procedure, in any case
before the State Office of Patents and Trademarks It has provided to the granting of the patent
. In this case the documentation associated to question remains secret and is not put
available to the public.

Art. 21
(Publication of the application and provisional protection)

1. Subject to the provisions of the succeeding paragraphs 4 and 5 of this article, the Office of State
Patent and Trademark Office publishes in the forms provided for each application submitted as soon as possible
after the completion of a period of eighteen months from the date of deposit or, if that is a priority
claimed, the date of the latter.
2. The files of the description and drawings of individual patent applications, printed or
reproduced by other appropriate means, are offered for sale by the Office of State Patent and Trademark
. The documentation associated with applications for patents, not secret, is accessible to the public via
business profile in the Office of Patent and Trademark from the date of publication
questions. 3
. These files are sent free of charge, in exchange, the industrial property offices of other
States that request it.
4. No application shall be published if it is withdrawn or has been the subject of a final rejection,
before any technical preparations for publication have been completed.
5. If the applicant provides a written request that the application be published
before their eighteen-month period referred to in paragraph 1 of this article, the Office of State
Patent and Trademark Office will publish the request as soon as possible after the receipt of that request
.
6. After the date of publication of the patent application, any person may inspect the files relating to the question
.
7. The patent application from the time of its publication, gives the applicant the
same rights conferred by a patent. In relation to persons to whom the application with
description and any drawings has been notified by the applicant, the demand for
patent, from the date of such notice, gives the applicant the same rights conferred by || | patent. The application is considered, from the outset? Origin, no effect, if it is later withdrawn or has
refused the grant of the patent.

Art. 22
(Research reports and observations of third parties)

1. After the publication of the patent application, any third party may submit comments or
disclosures against the patentability of the invention which is the subject of the request
. Comments should be submitted in writing and duly substantiated.
In this case, they will be attached to the patent application file. Third parties do not become parts of
procedure before the Office of Patents and Trade Marks State. The third party may require to maintain
anonymity; in this case the Office of Patent and Trademark exclude from the documentation available to the public
any reference to that third.
2. The products of research reports for patent applications corresponding to the demand for
San Marino patent, by the authorities or bodies that perform document searches are
attached to the patent application file. 3
. The observations, research reports and disclosures referred to in paragraphs 1 and 2 above,
shall be notified to the applicant or proprietor who have right to take a stand.
4. The State Patent and Trademark Office may also request the applicant to provide
a written opinion on such research reports and observations of the preceding paragraphs and
any other disclosures of prior art that have been produced during
granting procedure and which may constitute useful aids to jeopardize the requirements
patentability of the invention that is the subject of the patent application.
5. The applicant may, by paying the relevant fee, require the submission of a research documentary
to an authority or organization of the national or international, public or private
agreement with the Office of Patent and Trademark in order to establish if the subject of the application
meets the criteria for patentability under this Consolidation Act. This request can

Be submitted at any time up to the date of the decision to grant the patent.
In this case, the Patent and Trademark Office may ask the applicant to be
produced a translation into another language of the claims and / or the whole description
if necessary, to provide all 'research authorities.
6. The award procedure is suspended by the Office of Patent and Trademark
in? Pending the submission of the research report re applied for was.
7. The Office of Patents and Trade Marks State Director will publish information regarding
any offices or organizations that have signed an agreement to search for novelty
for the San Marino patent applications, the rlative fees and the ways to follow.

Art.
23 (Examination of and reliefs)

1. The examination of the application is aimed at ascertaining whether the invention complies with the provisions of this Consolidated
. It is aimed to first verify the regularity of
patent application and does not affect in any case the technical or economic value of the invention.
2. The State Patent and Trademark Office examines whether the invention meets the requirements of
Articles 1 and 2, paragraphs 2 to 5, Articles 10, 11, 12, 13, 4, 15, 16 and 18, however, the previous'
office of Patent and Trademark does not examine the substance in compliance with the requirements of
articles 3, 4 and 5 above. 3
. For the purposes of paragraph 2 above, the State Office of Patents and Trademarks may
use of documentary research reports or reports about the examination prepared by another
authorities, in particular by research authorities and / or examination under the Patent Cooperation Treaty
(PCT).
4. The examination of the application is not started by the Office of Patent and Trademark
before publication of the patent application. The applicant so requests, the test can be accelerated
, compatibly with the ponibili resources by the Office of State
Patent and Trademark Office, so as to arrive as quickly as possible to a conclusion of this || | exam. If the submission of a fast track application without it being available
one of the reports referred to in paragraph 3, the applicant will be required to submit such a report
Office of Patents and Trade Marks State.
5. The applicant shall provide, at the request of the State Patent and Trademark Office,
copy of any communication received by the applicant concerning the results of research or
tests conducted with regard to the patent application or other title of protection filed
applicant from abroad on the same or substantially the same invention claimed in the application filed
by the issuing office.
6. Subject to the provisions of Sections 1 and 2, if the Office of Patent and Trademark
finds that the application does not meet some of the requirements of this Consolidation Act, the reliefs, which gives rise to
examination the demand must be communicated in writing to the person,
by the award of a term, which may be extended following a reasoned request within the meaning of this text
Unique. If the applicant does not respond within the prescribed period, relief or objections
Office of Patents and Trademarks State, the application will be rejected.


Art.
24 (Granting of the patent or refusal of the patent application)

1. Where the Office of Patent and Trademarks ascertains that the requirements under this text
Law are satisfied, it grants the patent, after payment of the relevant taxes. If
shall reject the application. When granting the patent, the Office of Patent and Trademark:
a) publish in the Official Bulletin a reference to the grant of the patent;
B) issue a certificate of grant of the patent and a copy of the patent;
C) register the patent in the Patent Register;
D) makes available to the public copies of the patent on payment of the prescribed fee.
2. The decision by which the State Office of Patents and Trademarks rejects the application for
patent, or who does not accept it in full, it d be communicated in writing to
applicant, who has the right to appeal. 3
. The patent grant does not prejudice the exercise of judicial actions
about the validity of it and the rights deriving from the invention.

Art. 25
(Confirmation of the grant of the patent)

1. Subject to the provisions of Articles 22, 23 and 24 above, the applicant or holder of a patent or exclusive license
submit the Patents and Trade Marks State Office, before the expiry
a period of nine years from the date filing of the application, written representations that

The invention meets the patentability criteria laid down in Articles 1 to 5 above, in case
contrast, the patent lapses at the end of the ninth anus.
2. They are in particular considered as claims any patent granted for the same invention
by the European Patent Organization or other body or authority acting in his capacity
international authorities under the PCT, as a result of an examination based on the same criteria
of patentability, or matching, of those provided for in articles 1 to 5 above. 3
. The scope of the protection conferred by the San Marino patent can not go beyond the scope given
from any foreign patent submitted as proof under
preceding paragraph. The description, claims and drawings shall be amended so as to comply with
endorsements.
4. The Director of the State Patent and Trademark Office will publish the information on offices or
organizations and their acceptable claims by the Patent and Trademark purposes
willing to this article.

Art. 26
(Patent Publication)

1. The State Office of Patents and Trademarks publish in the Official Bulletin of patents granted
news and confirmed that of patents.
2. After the grant of the patent description and the drawings we will be made available to the public
. Publication in the Official Bulletin will be inserted the name of the inventor and
other data concerning the patent owner and other formations suitable to describe the
patent content. 3
. To grant certificates of patents must be attached with one of the copies of
description, the invention in the form in which the patent is granted.
4. And 'the faculty at the State Patent and Trademark Office to make the publication of
patent specification, or its reproduction by suitable means for the purposes of disclosure, distribution or sale
.

Art. 27
(Patent Register)

1. The State Patent and Trademark Office maintains a Patent Register which shall contain
for every bid accepted, for all patents granted or confirmed at least the following
:
a) serial number of the application patent;
B) date of filing of the application;
C) surname, name, residence, or domicile of the applicant or name and registered office, if
case of a company, organization or legal entity;
D) full name of the inventor or inventors;
E) title of the invention;
F) references of the previous filing made abroad, when he claims the priority, with
date, name of the applicant and the patent number, if this has been achieved;
G) details of the case, when it is claimed, the priority for the temporary protection in
exposures;
H) the date of the grant of the patent;
I) the number of the patent order, if different from that of the question.
2. On the same registry and in relation to any patent must be taken note of
payment of the taxes and of the acts listed to 'Article 93 next. 3
. These data will be recorded as they are defined in the procedure for granting
, confirmation and during the life of the patent.

Art.
28 (Rights conferred by the patent)

1. The rights arising from industrial inventions, except the right to be recognized,
assigned and transferred.
The right to be recognized can be relied upon, after the author's death, the person
that he has designated for that purpose; such designation is missing, or after the death of the designated
, the aforementioned right can be claimed by the spouse and descendants to the second degree
; in their absence or after their death, by parents and other ascendants, and
lack, or even after death, by relatives up to the fourth degree inclusive.
2. The patented invention, in the Republic of San Marino, by
persons other than the patent holder requires the consent of the latter. 3
. The patented invention means any of the following acts:
a) when the patent has been granted for a product:
I) the manufacture, import, offer for sale, sale and the 'use of the product or
essential parts of it;
II) storage of such product to offer for sale, sale and use.
B) when the patent has been granted for a process or method:
I) the use of the process or method or essential parts of it;
II) performance of any act referred to in paragraph a), in respect of a product
obtained directly by means of the process or method.

4. The patent gives the patentee addition to the right conferred pursuant to paragraphs
2 and 3 above, the right to prevent all third parties not having his consent from supplying or offering
in the Republic of San Marino to people without the right to the use of the patented invention
, with means, relating to an essential element of the invention and necessary for the implementation of
that territory the same invention, it provided the t rd knows or it is obvious from the circumstances
that these means are suitable for such use and intended.
5. The provisions of paragraph 4 shall not apply when the means in question are
products that are currently on the market, unless the third party induces the person
which provides them to commit acts prohibited by paragraph 3 above.
6. If the patent concerns a process or method each product identical to that obtained by the patented process
ottenu or is presumed, unless proved otherwise, with
method or process that is subject of the patent, either: a
) if the product obtained by the process is new;
B) if there is a substantial likelihood that the identical product was manufactured by
proceedings and whether the patentee has failed through reasonable efforts to determine the
actually implemented process.
7. When the holder of a patent on a new method or industrial process
administering other means possible to implement the subject of the patent, it is presumed to have
also given license to use that method or process provided that there are no contrary agreements.
8. Persons performing the acts referred to in paragraph 10, a) and b) the next, are not considered as parts
entitled to work the invention.
9. The owner of the patent, as well as any right, remedy or action available to it, has the right
, subject to the following paragraph 10 and the following Article 36, to institute legal proceedings
against any physical or legal entity in violation of the exclusive right conferred by the patent
putting into practice, without his consent, any act referred to in paragraphs 3 and 4 or
by practicing acts which make it likely the occurrence of such violations.
10. The exclusive rights conferred by the patent do not extend San Marino:
a) acts done privately and for non- commercial purposes, or as an experiment;
B) the extemporaneous preparation for individual cases of medicinal products in pharmacies on prescription, and
to the medicine so prepared;
C) acts relating to products marketed in the Republic of San Marino,
by the holder of the patent or with his consent;
D) the use of articles on board means of locomotion to rea and land or ships of other countries that
temporarily or accidentally entering the airspace, territory or waters, the Republic of
San Marino.
11. The exclusive rights conferred by the grant of the patent. The effects of the patent in
against third parties from the date on which the patent application with the description and any drawings
is made accessible to the public.
12. The patent for industrial invention, the implementation of which implies that of inventions protected by
previous patents for industrial inventions still in force, can not be implemented,
or used without the consent of the holders of the latter.
13. They may not be granted to the same assignee San Marino two patents for the same invention
.

Art. 29
(prior user rights)

1. Anyone who, in good faith, during the twelve months preceding the date of filing of the
patent application or the priority date, has used the invention in their company
may continue to do free of charge within the limits of use pr .
2. That option is transferable only with the business in which the invention is used.
The proof of prior use and its extent is dependent on the prior user.

Art. 30
(Scope and exclusive interpretation of the claims)

1. The scope of exclusivity conferred by the patent is defined by the claims, which
must be interpreted in the light of the description and drawings so as to combine the right
protection for the patentee with a reasonable degree of certainty for third parties.
2. For the purposes of determining the scope of protection needs to be taken account of
elements that are considered equivalent to the elements to which reference is made in
claims. 3
. In determining the extent of protezi you, you need to take proper account of any statement
limits so nn ambiguous scope of the claims

Made by the applicant or the patentee during procedures for granting of the patent or
on the validity of the patent.
4. If the patent contains examples of embodiments, functions or results of the invention, the
claims should not be construed limited to these examples.
5. In the period up to grant of brvetto, the scope of protection
by the patent application, is determined by the claims as published in demand
patent under the previous article 21. However, the patent in the form in
which is granted or amended during the confirmation procedures under the former Article 25, to amend
pursuant to article 31, the restriction according to article 32 or
annulment under the next Article 35 determines retroactively the protection
conferred by the patent application, provided that the scope of protection is not thereby extended.
6. The protection conferred by a patent on a biological material possessing, as a result
invention, certain ownership shall extend to any biological material derived from it
through propagation or multiplication in an identical or divergent form and possessing those
same properties.
7. The protection conferred by a patent on a process that enables
produce a biological material possessing result of the invention, certain property
extend to biological material directly obtained through that process and to any other
biological material derived from the directly obtained biological material through propagation or multiplication in
identical or divergent form and possessing those same characteristics.
8. Without prejudice to Article 2, paragraph 5, letter d) the protection conferred by a patent on a product containing
or consisting of genetic information shall extend to all material in
which the product is incorporated and in which the genetic information is contained and performs its function
.
9. The protection referred to in paragraphs 6, 7 e8 does not extend to biological material
obtained from the propagation or multiplication of biological material marketed in the
territory of a Member State by the patentee or with his consent, if the
multiplication or propagation necessarily results from
for which the biological material was marketed, provided that the material obtained is not used
later for other propagation or multiplication.
10. Notwithstanding the preceding paragraphs 6, 7 and 8, the sale or other form of commercialization of
of plant breeding material by the patent holder or with his consent
, to a farmer for agricultural use implies authorization for
the farmer to use the product of the harvest for propagation or multiplication in
his own farm; the extent and conditions of this derogation corresponding to those
of Article 14 of Regulation (EC) No. 2100/94.
11. Notwithstanding the preceding paragraphs 6, 7 and 8, the sale or other form of commercialization of breeding stock
or other animal reproductive material,
by the patent holder or with his consent to a farmer implies authorization for
latter to use the protected livestock peruso agriculture. This authorization shall include the
making the animal or other animal reproductive materile for
pursuing his agricultural activity but not sale within the framework or for the purpose of an activity
a commercial reproduction.




Art. 31
(Changes and amendments of the patent)

1. The holder may request the Office of Patent and Trademarks to amend or make changes to the text of the patent
.
2. No changes may extend the scope of the protection conferred by the patent
over that of the initial patent. 3
. The holder of a patent may request the Office of Patents and Trade Marks State to make changes or amendments
to eliminate transcription errors made in good faith.
4. If the Office of Patent and Trademark making changes to the patent, they will
published or made available to the public and news of it will be given in the Patent Register.

Art. 32
(Renunciation and limitation of the patent)

1. The holder may renounce the patent with application received by the Patents and Trade Marks State,
to be recorded on the Patent Register.
2. If in relation to the patent they are transcribed at me judgments that attribute or ensure

Property rights of third parties on the patent or judicial claims with which it asks
attribution or the reporting of such rights, the renunciation is without effect if it is not accompanied by the written consent of such third
. 3
. The patent may be limited in the scope of protection required on application by the holder
which must unite the description and drawings in amended form.
4. Where the Office of Patent and Trademark accept the request, the applicant will be required to pay back
the publication fee to the press unless they had already done so to print
of the originally granted patent.
5. The limiting instance can not be accepted if it is pending a
for nullity and patent until it has become final the rel tive judgment. Neither it can be accepted
lack of consent of the persons referred to in paragraph 2 above.
6. The State Office of Patents and Trademarks publishes the Official Bulletin of the news
limitation of the patent.


Art.33 (duration, annual fees)

1. A patent lasts twenty years from the dat and its deposit.
2. The patent can not be renewed or may be extended beyond the duration of twenty years. 3
. An annual fee for maintaining the patent d ve to be paid to the Office of State
Patent and Trademark Office, within the month in which falls the anniversary of the filing date, for each
year from the one in which the application was filed. A grace period of six months is
allowed for the payment of the annual fee mediant pay the surcharge prescribed.
4. In case of non-payment of the annual fee, tr past six months of grace referred to in paragraph 3
precedent for the payment of soprattass, the Office of Patent and Trademark
notifying the person, which is not carried out, within the prescribed period, the payment of due
fee and the surcharge and shall record in the patent Register, with a special annotation,
dell'avvenuta forfeiture of the patent for non-payment of the annual fee, publishing
then in the Official Bulletin of the news of the disqualification itself.
5. The patentee, where he can prove that he made the payment in time, can
ask, filing an appeal in the manner prescribed by this Consolidation Act, within three months
the date of publication of the Official Bulletin, the annulment dell'anzidetta record
decline and the correction of the publication.
6. The patent means decayed, against anyone, from carrying
last year for which the fee has been paid.

Art.
34 (Forfeiture)

1. The patent lapses:
a) the expiry of the deadline set in Article 33, paragraph 1 above;
B) if the holder has renounced the patent, the date when the withdrawal takes effect;
C) for non-payment on the due date, the annual tass
due under Article 33, paragraph 3 above. In this case, please observe the provisions of paragraphs 4, 5 and 6
Article 33;
D) in the case where the invention has not been implemented within two years of mandatory
issuing license referred to in Article 36 the following year; as the scope of protection is
been limited in accordance with Articles 25, 31 and 32 and the date on which the limitation has been
published in the Patent Register, for the part of the patent not maintained.
2. The State Patent and Trademark Office shall make a note in the Patent Register of
grounds of forfeiture of the patent.

Art.
35 (Invalidity of the patent)

1. The patent is invalid:
a) if the subject of the patent is not patentable under Articles 1 to 6 above;
B) if the application does not meet the provisions of Article 12 paragraph 1 above;
C) if the object of the patent extends beyond the content of the initial application or, if the patent
was granted on the basis of a divisional application, beyond the content of the original application from which it is derived
the divisional application;
D) whether the scope of protection conferred by the patent has been extended after the grant of which
Article 24 the previous year;
E) if the patent owner does not have within the meaning of Articles 6 and 7 above.
2. The judicial authorities of the Republic of San Marino, at the request of a third party, may
declare void in whole or in part of a patent. The nullity request can be submitted to
? Judicial authority after the date of expiry of the patent. 3
. If the grounds for revocation affect the patent only partially, its partial nullity
judgment entails a corresponding limitation of the patent.

4. The declaration of nullity has retroactive effect, but does not affect:
a) implementing acts of counterfeiting any final judgment has already been made;
B) contracts for the invention concluded before
judged through the judgment which declared the nullity, to the extent that have already been executed.
In this case, however, the judge, in the circumstances, may grant equitable
repayment of amounts already paid under the contract.
5. The effects of the patent referred to in Article 21, paragraphs 7 and the previous 28, lapse with retroactive effect
for the part of the patent declared invalid.
6. When the declaration of nullity pronounced by a court becomes final,
it will be published in the Patent Register and glventuali amendments made to the patent
will be published by the Patents and Trade Marks State.

Art.
36 (Compulsory License)

1. At the request of any person establishing its capacity to implement the invention patented
in the Republic of San Marino to the Office of Patents and Trade Marks State,
the State Patent and Trademark Office may grant a compulsory license if:
a) after the expiry of a period of four years from the date of submission of the application
patent or three years from the date of grant of the patent, applying the term that expires
later, the 'patented invention is not implemented or it is not sufficiently
in the Republic of San Marino;
B) if the invention has been, for over three years, suspended or reduced to a measure
this is seriously disproportionate to the needs of the Republic of San Marino;
C) if the invention protected by patent or Italian samm rinese
can not be used without infringing rights attaching to a San Marino patent granted under the previous question
. In this case the license may be granted to the holder of the subsequent right to the extent necessary
to exploit the invention, provided that the latter constitutes the object of the previous patent
, considerable technical progress. If the two inventions have the same end industrial
, the compulsory license shall only be granted subject to the granting of a license on the back
patent in favor of the owner of the earlier patent if these
present instance for the ' affixing the reserve.
2. Despite the preceding paragraph 1, a compulsory license shall be granted if the holder of the patent proves
Office of Patent and Trademark that there are circumstances beyond
by the will of the patent owner or his successor in title, such to justify the non-implementation or insufficient
patented invention in the Republic of San Marino and
if the applicant can provide evidence that he had attempted to obtain permission from the rightful owner in
terms and favorable trading conditions and that attempts have not come cheap
end within a reasonable period of time. 3
. They are not included among the reasons beyond the patent owner or his successor in
lack of financial resources and, if the product is spread
abroad, the lack of demand in the domestic market of the product patented or obtained by the patented process
.
4. The patented invention in the Italian territory so
sufficient to meet the needs of the Republic of San Marino shall be sufficient reason
not grant a compulsory license.
5. The beneficiary of a compulsory license has the right to implement the patented invention
according to the deadlines set out in the decision granting the license, should start the implementation of the patented invention
within the period set out in that decision, then, must
implement the patented invention sufficiently, subject to payment of an appropriate
hand, to the patent holder, indicated in that decision.
6. The grant of a compulsory license does not preclude the granting of contracts
license from the patent holder or the granting of other compulsory licenses.
7. A compulsory license may be granted to a licensee who implements the invention in
Italy, so long as meets the needs of the Republic of San Marino, subject to the rights of any
Italian patents which have as their object the same invention.
8. The compulsory license shall be revoked if the circumstances that led to its
grant cease to exist permanently and taking into account the interests of the owner of the patent and the licensee
. The revision of the permanence of these circumstances is the journal of

Request of the patent owner.
9. A compulsory license may not be granted to the infringer invention.
10. The compulsory license is granted for no longer than the remaining term of the patent
and, unless there is the consent of the patent owner or his successor,
can be transferred only with the business of the licensee or the particular line of business in which the
same license is used.
11. The compulsory license shall not affect the exercise, even on the part of the licensee
, prosecution about the validity of the patent or the rights deriving therefrom.
12. The grant of a compulsory license does not eson ra the patent owner or his successor |​​|| because the burden of implementing the invention.
13. The patent shall lapse if the invention is not t ta implemented within two years of
grant of the first compulsory license or has been registered in order to result in grave
disproportionate to the needs of the country.
14. One who wants to obtain a compulsory license must make a reasoned request to the Office of State
Patent and Trademark Office indicating the amount and method of payment of the compensation offered.
The State Patent and Trademark Office gives ready instance news
by registered letter with acknowledgment of receipt, to the patentee and to those who have acquired rights on
patent on the basis of records or transcripts annotated .
15. Within sixty days of receipt of the registered letter, the patentee and all
those who are entitled on the basis of records or transcripts annotated
may oppose the acceptance of the petition or declare not to accept the extent and manner of
payment of compensation. The opposition must be substantiated.
16. The State Patent and Trademark Office gives prompt notice instantly,
by registered mail with return receipt, dell'opposizi it provided for in paragraph 15 of the previous year and
his motives.
17. Within sixty days of receipt of the registered letter, the applicant must make
submitted to the Office of Patent and Trademark its observations.
18. The license is granted or withdrawn by decision of ll'Ufficio Patent and Trademark Office.
19. In order for a license are determined duration,
arrangements for the implementation, warranties and other terms on which, if any, is subject to the granting
. The amount and terms of payment of the compensation, in case of opposition
submitted pursuant to paragraph 15 of this Article, shall be determined pursuant to paragraph 2 of Article 110.

of the next 20. The assumptions and conditions of the license may, by decision of the Office of State
Patent and Trademark Office, be changed at the request of each of the parties, if there are reasons for this
valid.
21. For the modification of the fee applies omma 3 of Article 110.
22. The license is revoked by decision of the Office of Patents and Trademarks State if
found not fulfilled the conditions for the implementation of the invention, or the license holder
has not paid the fee in the amount and
with the prescribed mode. In the event that the holder of the patent for which has been granted a compulsory license
or his successor in title, grant the use of the patent in the same very best
conditions than those laid down for the compulsory license, the same conditions they are extended to
compulsory license at the request of the licensee. The provision to interested parties of the measures taken
is carried out by the Patents and Trade Marks State.
23. The decision to grant the license, to change the conditions relating
, to revocation and determination or the variation of the compensation shall be published in the Official Bulletin and
recorded in the Patent Register.

Art. 37
(Interference rights under San Marino and Italian Patent)

In implementation of Article 43 of the Convention of friendship and good neighborliness between
San Marino and Italy of 31 March 1939, the following provisions shall apply:
1. if a same invention is protected simultaneously by patent applications or patents
Italian and San Marino equally valid and av nti the same applicant, owner or assignee
:
a) the implementation by a third party , the invention in the territory of the Republic of San Marino,
but not in Italy, constitutes infringement or usurpation of the application or patent
San Marino, but not of the application or of the Italian patent, and the applicant, owner or having | || cause may take legal actions against counterfeiters or usurpers in San Marino;

B) the implementation by a third party, the invention in Italy, but not in San Marino, is
infringement or usurpation of the application or patent Italian, but not of the application or patent
San Marino, and the applicant, owner or successor in title may promote
judicial actions against counterfeiters or usurpers in Italy.
2. If an invention is protected by a patent application or patent valid Italian, but not by
question or San Marino patent, the implementation, by a third party, the invention
in the territory of the Republic of San Marino constitutes counterfeiting or usurpation of the Italian way of protection
and the holder or assignee may bring legal action as provided by this
Consolidated. 3
. If an invention is protected by a patent application or patent San Marino,
the implementation, by a third party, the invention in the Italian territory constitutes infringement or usurpation of San Marino
protection rights and may initiate legal action
as required by Italian law.
4. If for the same invention there is a combination of a patent application or a
Italian patent and a patent application or a San Marino patent, both with
same date of filing or priority if applicable, not decayed, with different applicants,
holders or assignees, not united by any legal or economic link:
a) the implementation, only in the Republic of San Marino, but not in Italy, by the proprietor or his
assignee, of the? scope of the patent invention patent or order now for San Marino
does not constitute infringement or usurpation of the patent application or patent
Italian;
B) and implementation only in Italy by the proprietor or his successor,
invention object of the patent application or patent Italian
does not constitute infringement or usurpation of the patent application or San Marino patent.




TITLE II INDUSTRIAL DESIGNS


Art. 38
(drawing definition and model)

For the purposes of this Consolidated Act shall apply:
1. "Design" means the appearance of the entire product or part thereof which is, in particular
, the characteristics of the lines, contours, colors, shape, surface
structure and / or materials of the product itself and / or its ornamentation;
2. "Product" means any industrial or handicraft item, including inter alia parts
must be assembled into a complex product, packaging, presentations,
graphic symbols and typographic typefaces, but excluding computer programs computer; 3
. "Complex product" means a product composed of multiple components which can be replaced
permitting disassembly and reassembly of the product.

Art. 39
(recordable Drawings)

1. An industrial design is registrable if it is new and has individual character.
2. Industrial designs that are contrary to public policy or morality are not registrable
nor protected by law. 3
. The design or model applied to a product or incorporated in a product that
is a component of a complex product is c nsiderato adjustable:
a) if the component part, once incorporated into the complex product, remains visible during
normal use of the latter, and
b) if the visible features of the component fulfill in themselves the requirements of novelty and individual character
.
4. "Normal use" within the meaning of paragraph 3, letter a) above shall mean use
by the end user, excluding maintenance, servicing or repair.

Art. 40
(New)

An industrial design is new if no identical design has been disclosed
before the date of application for registration or, if you
claiming the priority, before the date of priority. The drawings shall be deemed
identical if their features differ only in immaterial details.

Art. 41
(individual character)

1. A design has individual character if the overall impression it produces on the informed user differs
overall impression produced on such a user by
any design which has been made prior to the date of | || application for registration or, if priority is claimed, before the date of priority.
2. In assessing individual character, considering the degree of freedom of
designer in developing the design.

Art. 42
(Disclosure)


1. For the purposes of Articles 40 and 41, the design shall be deemed disclosed
it has been published following registration or otherwise, or exhibited, used in trade or
otherwise disclosed, except where these events
could not reasonably have become known to the circles specialized in the sector concerned, operating within the Community, in the normal course of business
if priority is claimed, before the
registration application submission date or, before the dta of the latter. The design shall not, however
considers public for the sole fact of ess King was revealed to a third party under constraint
explicit or implicit conditions of confidentiality.
2. Does not constitute disclosure for the purposes of Articles 40 and 41, the fact that
design or model for which protection is claimed as a registered design of a Member State has been made available
: | || a) by the designer or his successor in title, or by third parties on the basis of information provided or action of his
creator or claimant, and
b) in the twelve months preceding the date of application or, if you | || claiming the priority, in the twelve months preceding the date of priority. 3
. Paragraph 2 shall also apply if the design has been made available because of a
abuse in relation to the designer or his successor in title.

Art. 43
(design or appearance dictated by their technical function and designs of interconnections
model)

1. They are not protected by the provisions of this Title II
features of appearance of a product which are solely dictated by its technical function.
2. They are not protected by the provisions of this Title II features of appearance of
product that must necessarily be reproduced in their exact form and dimensions for
to allow the product in which the design is incorporated or to which it is applied
to be united or connected mechanically with another product, VVER to be placed in it, around
to it or in contact with it, so that either product may perform its function. 3
. Notwithstanding paragraph 2 above, the design right shall, under the conditions of
referred to in Articles 40 and 41, subsist in the sc bit to allow assembly or multiple connection of interchangeable products in a
modular system.

Art. 44
(holder of registration and change of owner)

1. The right to the model recording or drawing is up to the author and his assigns.
Unless agreement to the contrary, registration for models and designs, which are created by employees, in
as such work falls within their tasks, it is up to the employer, without remaining a right of the employee
be recognized as the author of the model or design and to enter his name
in the register of designs and pubblicaz one.
Are still applying the provisions of Article 7 above.
2. Any change in ownership of the registration of a design or model, or
ownership of the relevant application, shall be recorded at the request of any interested party and is published by
State Patent and Trademark Office in the designs Register . This change has no effect
towards third until transcription occurred.

Art.
45 (Application for registration)

1. An application for registration of a design modell is filed with the Office of State
Patent and Trademark Office and must contain a request, a sample article incorporating the
design or a graphical representation of the same, and an indication of the kind of
products for which the design is to be used. The application shall be accompanied by
payment of the prescribed fee.
2. With only one application may be sought to be registered for no more than a hundred models or
drawings, provided intended to be incorporated in objects included in the same class of the International Classification of
designs, formed in accordance with the provisions of
Locarno Agreement of 8 October 1968, as amended. 3
. Except as provided in paragraph 2 above and to article 56, it is not allowed
application concerning several registrations or concerning a single registration for several
models or drawings. If the application is not admissible, the Office of Patent and Trademark
invites the person concerned within the meaning and for the purposes set out in Article 18 to limit the previous Question
acceptable part.

Art. 46
(Acts for submission of the registration application)

1. The application must include:

A) the surname, first name, nationality and domicile of the applicant, and those of his agent,
if any;
B) an indication of the design, in the form of the title, which specifies the
industrial products whose manufacture is to be the subject of exclusive rights, the characteristics of the products themselves which means
claim and, where necessary for the understanding of the design
, the goals to be achieved with the same characteristics.
2. The question must be accompanied by:
a) a graphic reproduction of the design, or a graphic reproduction of the industrial products
, the production of which must be the subject of exclusive rights, or a sample of
products themselves, in accordance with the following paragraphs;
B) description of the design or model, if necessary eg the intelligence of the same model;
C) the prescribed document proving payment of the required fees;
D) when there is an agent, the application must also be united the power of attorney, or the
appointment letter. 3
. In case of priority, the documents must also be united in claim referred to the next article 47.

4. Protection for special indications or signs intended to distinguish the goods,
can only be achieved through a separate application for the registration of a trade mark under the
following Title III, and in any case do not have to design or modell
be contained names or signs of the genre.
5. The part of the documentation, consists or the graphic reproduction of the design,
or the graphic reproduction of the products, or from the sample of the products, referred to in paragraph 1
, it should give an idea of ​​the design complete and clear. As far as possible, by
aforementioned documentation must be every feature that is meant claim.
The same documentation must be such, however, that each person experienced, with the help of
indications contained in the title and description if any, can implement the design
or the same model.
6. The graphic or photographic reproduction of the design or product, above,
must include specific recommendations about the size of the products, as well
about the relationship between their parts, when the size and said relationship have a substantial influence or effect on the utility function
tico east of the products themselves. If the color or colors
are characteristic of the design, reproduction shall be performed in the color or colors claimed
.
7. The graphic reproduction of the design or products, may be at hand
or executed, or obtained by means of photography, printing, photogravure, lithography or a process analogous
made available by technological progress, provided allows the representation of the design
model with due quality.
8. Since the designs for industrial products with basically only two
size, it can be submitted in place of the graphic reproduction of the preceding paragraphs
, set on a table with the sample of the product, whose manufacture must
forming the subject of the exclusive right. This provision applies in the ispecie
designs related to eg fabrics, lace, to wallpaper or other similar products.
9. Since, as in the case of paragraph 7 above, the industrial designs for
industrial products with basically only two dimensions and if, moreover, the
registration is sought for a multiple deposit in accordance with Article 45, paragraph 2 above, the individual
designs must be identified by the same number or graphic reproductions or photographic
of the preceding paragraphs or altrettan and tables with fixed on the respective samples,
in accordance with paragraph 7 above .
10. Graphic reproductions of the design, or graphic reproductions of the products, or
samples of the products themselves, if included in several tables must be numbered consecutively
and reproductions of numbers or of the samples, as well as the numbers and
letters that mark the various parts shall be repeated in the description whether due or,
however, if presented. The drawings must be eguiti indelibly in black color lines
on cardboard, paper or canvas. The boards must have the ISO A4 size and
should be left a margin of at least two tri centim. The question you have to join three
specimens of these tables, the authenticity of which the applicant for. The three specimens
must be signed by the applicant or mandatrio. The State Patent and Trademark Office can

Nevertheless accept graphic reproductions or samples that have a lower development
to internal squaring of the preceding paragraph, without prejudice to any other provision.
11. The description, if required, or at least, if presented must be written or printed, in
indelibly and clear, on ISO A4 size paper. t the question you have to join three
specimens of that description, the authenticity of which the applicant for.
The three specimens must be signed by the applicant or his representative.
12. If the applicant present a single copy of tables containing or playing graphics
of the design, or a graphic reproduction of the products, or sample the products
same, or a single copy of the description, it is granted power to introduce the other
copies within two months of filing the application.

Art. 47
(Acts priority)

1. When claiming the priority of a deposit made, the effects of international agreements in force
, originally in another State on a date not later than six months from the date of filing of the
San Marino registration application, must unite to demand a
document from which it is deemed the applicant's name, the title of the design, which is the subject of
that deposit, the graphic reproduction of the design itself and the possible description, and the date
in which it was filed. If the d posito was performed by others, the applicant
must also give evidence of being a successor or assignee of the first depositor.
2. The documents referred to in the previous paragraph must be accompanied by a translation into Italian language
containing, for any of indication quantitative oni, besides the initial measures, even those
Relate to the metric system. The State Patent and Trademark Office has
right to request that the translation be verified and authenticated by the San Marino authorities
. The certificates, which are also translated and issued by directors or presidents of the offices of
State party of the World Intellectual Property Geneva,
are exempt from legalization and may be replaced by official publications bearing the
the office stamp or visa from which they come. The request irons nte responsible for the exact match
the aforesaid translations with the originals. 3
. The claim of priority rights must relate to the application considered as first
to the effects of existing international agreements.
4. With only one application for multiple deposit under the preceding Article 45 may be
claimed the priority of most foreign deposits.
5. The claim of priority rights must be mentioned in the application for registration
. The recording is, in any case, granted without mention of priorities,
if, within six months of filing the application, on being produced in due form, the
documents indicated in the first paragraph of this article. If the priority of a filing
made under the terms of existing international conventions has been refused in registration
must mention such refusal.

Art.
48 (Examination, registration of industrial design or rejecting applications, pads)

1. The State Patent and Trademark Office grants the filing date and shall examine the application
meets the requirements of Articles 38, 39 paragraph 2, and articles 45, 46 and 47 above.
2. Where the Office of Patent and Trademark established that the conditions referred to in paragraph 1 are satisfied
, registers the industrial design, publish a notice of registration and issue the applicant a certificate of registration
. Otherwise reject the application. 3
. The applicant may, on the invitation of the State Patent and Trademark Office, must complete the documentation
presenting appropriate description, or eggs or other description, if it
is necessary for the intelligence of the design modell.
4. The preceding paragraph shall also apply in the event of shortcomings in the
documentation referred to in Article 46, paragraph 2, letter a) above and also in the event of shortcomings in the design
title or model, especially in terms the characteristics claimed
.

Art.
49 (Publication of and Designs)

1. The State Patent and Trademark Office makes available to the public demand for
model and industrial design with reproductions or samples and any descriptions as
amended after filing, provided that the applicant has not excluded them in the application
accessibility for a period that can not be sup than twelve months from the filing date or from the priority
.

2. And 'the faculty at the State Patent and Trademark Office should be published by means of printing
or other means of typographic designs if the said Office shall
technical resources allow and if the quality of the means of reproduction
available allow the faithful reproduction of the samples of graphic tables or design and any color. On the publication of the registration
contain at least the particulars referred to in paragraph 1 of Article 46 the previous
. The publication of the recordings must be annexed one of the copies of the tables containing
or the graphic reproduction of the design, or a graphic reproduction of
products, or sample the products themselves, as well as one of the copies of any description .

Art. 50
(Register of models and drawings)

1. The register of designs, must contener, for each registered application, at least the following information
:
a) serial number of registration;
B) of the deposit, and serial number of the application;
C) surname, name, residence, or domicile of the applicant or name and registered office, if
case of a company, association or legal entity;
D) the title of the design;
E) details of the previous filing made abroad, when he claims the priority, the date, the name of the depositor
and the registration number, if this has been achieved;
F) date of registration of the concession;
G) the date of the registration lapse.
2. On the same register, and in relation to each reg istration it should be taken note of
tax payments, as well as acts relating to recordings for drawings and models, listed in Article 93
next.

Art. 51
(Renunciation or limitation of the registration application)

1. The applicant may always withdraw his application of the model or industrial design
registration, provided that the request reaches the Office of Patent and Trademark timely,
during the examination procedure, in any case before the 'State Patent and Trademark Office has
provided on registration.
2. Registration on most models or industrial designs under Rule 45 previous
may be limited, mutatis mutandis, at the request of the holder within the meaning and the effects
referred to in Articles 20 and 32 above.




Art. 52
(Amendment and the application for registration correction)

1. The applicant, in time, during the registration process, or appeal, in cases
whose appeal has been lodged, has the power to fix, in respect of formal and reasoned request
, the tablets containing playback graphic of the design, or products, and
description, originally filed by adjustments of the tables in footnotes on
description, signed by the applicant or his authorized representative.
2. The State Patent and Trademark Office must keep records of the
original application for registration, to be the date of receipt of the changes, and adopt
caution. 3
. No amendment or correction can extend the content of the application for registration
beyond the content described in the application when depositing.


Art.53 (Rights conferred by the registration)

1. The registration of a design or model conferisc the owner the exclusive right to
use and to prevent third parties from using it without his consent.
2. In particular constitute acts of use the manufacture, supply,
marketing, import, export the use of a product in which the design is incorporated or to which
is applied, or stocking such a product for those purposes. 3
. The rights conferred by a design right upon registration shall not be exercised regarding
:
a) acts done privately and for non-commercial purposes;
B) acts done for experimental purposes;
C) acts of reproduction for the quotations for educational purposes, provided that?
are compatible with fair trade practice and do not unduly prejudice the normal exploitation
of the design, and that mention the source;
D) of the equipment on ships and aircraft registered in other countries that
temporarily enter the territory of the public R of San Marino;
E) in the Republic of San Marino the import of spare parts and accessories for the purpose
of repairing such craft;
F) the execution of repairs on such craft.

Art.
54 (Term of Protection)


1. Upon registration, a design which fulfills the conditions laid down in Article 39
earlier, is protected by one or more periods of five years from the date of submission of the application
. The right holder may have the term of duration of
protection for one or more periods of five years up to a maximum of twenty-five years from the date of submission
payment of five-year prescribed fee.
2. The payment of each five-year fee is due within the month in which falls
the anniversary of the filing date, for each q inquennio from that in which the
application for registration was filed. A grace period of six months shall be granted for
payment of the annual fee by paying d lla surtax prescribed. 3
. In case of non-payment of the annual fee, and after six months of grace referred to in paragraph 2
precedent for the payment of soprattass, the Office of Patent and Trademark
notifying the person, which is not carried out, within the prescribed period, the payment of due
fee and the surcharge and gives them act in the register of designs, with appropriate notation
, dell'avvenuta forfeiture of registration for failure to pay the annual fee
, then publishing in the Official Bulletin of the news of the disqualification itself.
4. The owner of the registration, where it can test and making the payment on time,
may ask, filing an appeal in the manner prescribed by this Consolidation Act, within three
months from the publication of the Official Bulletin, the ' cancellation dell'anzidetta
record decline and the correction of the publication.
5. Recording means decayed, against anyone, by the performance of the last five years
for which the fee has been paid.

Art.
55 (Scope of protection)

1. The protection conferred by this Part II of a design extends to
any design which does not produce on the informed user a different overall impression
.
2. In determining the extent of protection is taken into account the degree of freedom of
designer in developing his design. 3
. The protection conferred by this Title II of a design can not be
invoked to prevent the manufacture and sale of components of complex products intended
repair of the complex product so as to restore its original appearance.

Art. 56
(Cumulus other forms of protection)

1. If the features of appearance of a product box to give it individual character and
same time give it the character of an invention, under the previous Title
I, can be claimed simultaneously record both Model and Design , since the granting of
invention patent, but the one and the invading protected can not be cumulated
in one patent or registration. If the application for registration includes an object whose
in features give new individualizing character and at the same time
give it the character of an invention is applicable to Rule 18 earlier.
2. If the features of appearance of a product box are such as to confer individual character
and at the same time a character distint vo, in accordance with Title III, can be
sought registration of both Recording az oni, but they can not be held by a single recording
. 3
. The protected design or protectable by registration can also benefit from the protection
for copyright.

Art.
57 (Invalidity or refusal of registration)

1. A design shall be refused registration VVER, if it has been registered, the design right shall be declared invalid
:
a) if it is not a drawing or a model in accordance with Article 38, paragraph 1 above, or
b) if it does not fulfill the requirements set out in articles 39 to 43 above, that
c) if the applicant for or the holder of the design right is not entitled under Article
44 Back, or
d) if the design is in conflict with a prior design which has been
public after the date of the application or, if priority is claimed, after the
date of priority, and which is protected with effect from an earlier date, by
Community design registered design or an application or by design
registered in the Republic of San Marino or in Italy or by an application.
E) If in a subsequent design is used a distinctive mark and the holder of this

Hallmark prohibits the use, or
f) if the design constitutes an unauthorized use of a work protected by copyright law
in the Republic of San Marino or in Italy, or | || g) if the design constitutes an improper use of any of the items listed
in Article 6b of the Paris Convention for the protection of industrial property,
or of badges, emblems and escutcheons other than those covered by that article and that
are of particular public interest in the Republic of San Marino or in Italy.
2. The reasons referred to in paragraph 1, letter c) may be invoked solely by the holder of
design or model legitimized. 3
. The reasons referred to in paragraph 1, letter d) may be invoked by the applicant, by the owner of the conflicting right
or third parties having legitimate interest.
4. The reasons referred to in paragraph 1, e) and f), poss no
be invoked solely by the applicant for or holder of the conflicting right.
5. The reasons referred to in paragraph 1, letter g), can be deducted by the person or entity concerned by the use
or invoked by the State Patent and Trademark Office on its own initiative.
6. In case of refusal of registration of a design or
legal invalidity of a design pursuant to subsection model 1, letters b), e), f), g), the design or || | model can be registered or maintained in amended form, if in that form it complies with the conditions for protection
and is maintained idents ty. Registration or maintenance in
amended form may include registration accompanied by a disclaimer by the holder of
design right or entry in the register of designs of a court decision declaring the
partial invalidity of IGHT of a design.
7. Notwithstanding paragraphs 1 to 7, for the registration of
designs submitted before the date of entry into force of this Consolidation Act, as well?
the recordings that result, apply the grounds for refusal of registration and the grounds for invalidity
provided by this Consolidation Act.
8. The invalidity of a Community design or model can also be declared after it
has lapsed in accordance with Article 58 following or has been surrendered under Article 51 previous
.

Art.
58 (Forfeiture of registration)

1. The registration of designs and models decade:
a) the expiry of the deadline set in the previous 54;
B) if the holder has waived the registration pursuant to Article 51 preceding the date on which the waiver takes effect
;
C) for non-payment on the due date, five-year dellatassa payable under Article 54
earlier and if, within six months of that date of expiry, the holder of the registration or his successor |​​|| cause has not paid the five-year due
tax, increased the surcharge due to the delay.
2. The State Patent and Trademark Office shall make a note in the register of designs and models
of the grounds for revocation of registration.





TITLE III (TRADE MARKS AND COLLECTIVE MARKS)


Art. 59
(Registration Object)

1. May be registrable as a trade mark, all new signs
capable of being represented graphically, particularly words, including the names
persons, drawings, letters and sounds, numerals, the shape of the product or the packaging of it, the
combinations or shades of colors, except as provided in Article 60 below.
2. They are not new, under the preceding paragraph, the signs that the date of filing of the application
:
a) they consist exclusively of signs which have become customary in the current language or in the bona constant
trade;
B) they are identical or similar to a sign already known as a trade mark or logo
of products or services manufactured, marketed or rendered d other for identical or similar products or services, whether because of
'identity or similarity between the signs of the identity or similarity of the goods or services
might create a risk of confusion for the public, which may consist even in a
risk of association between the two signs. It considering also is known the brand ''
famously known '' in accordance with Article 6 bis of the Paris Convention. The prior use of
sign, when it does not lead to fame, or amounts purely local notoriety, not
removes the novelty. Previous use of the sign by the applicant or his successor,
is not an obstacle to registration;

C) are identical or similar to a sign already known as a company, company name or
teaches adopted by others, whether because of the identity or similarity of the business activities of these
exercised and the products or services for which the mark is registered can determine a
risk of confusion for the public, which may also consist in a likelihood of association between the two signs
. Previous use of the sign, if not notoriety of it, or amounts
purely local notoriety, does not take away the novelty;
D) are identical or similar to a trademark already registered by others in the Republic of San Marino or
effectively in it as a result of an application filed at an earlier date or having to be given effect by virtue of an earlier
right of priority for identical or similar products or services, whether because
identity or similarity between the signs and the identity or similarity of the goods or services, may
create a risk of confusion for the public it can also be a risk of
association between the two signs. Does not take away the novelty of the earlier mark has expired for more than
two years or three in the case of collective mark or can be considered lapsed for non-use
according to Article 76 paragraph 1 letters a), b) c) and omma 5 when it brought
of claim or counterclaim;
E) are identical or similar to a trademark already registered by others in the Republic of San Marino or
effectively in it as a result of an application filed at an earlier date or having to be given effect by virtue of an earlier
right of priority also pr products or services are not similar, when the
earlier mark has in the Republic of San Marino or in Italy
renown and when the use of the next without due cause would take unfair advantage of the || character | distinctive character or the repute of the earlier sign cherebbe or detrimental to them. 3
. For the purposes specified in paragraph 2, letter d) and e) above, the earlier applications are
similar to earlier registered marks, laughed goes under the resulting recording.
4. For the evaluation of the provisions in paragraphs Prev nti of this article, the
trademarks or registered in Italy are similar to those of the Republic of San Marino,
by virtue of Article 43 of the Convention of friendship and good neighborliness between San Marino and Italy of 31 March 1939.


Art. 60
(Signs excluded from protection)

1. It can not be registered as a trade mark:
a) signs contrary to law, public order or morality;
B) signs not capable of distinguishing the goods or services of a company;
C) signs liable to deceive the public or the work, in particular as regards the
geographical origin, nature or ic to the characteristics of the products or services;
D) signs made by emblems, the emblems or other signs which are of public interest or that it be recalled
in international conventions, in the cases and
conditions specified under the same conventions, unless the 'competent authority to their registration has authorized
it;
E) signs devoid of novelty, identical or similar to another registered mark
for products or services similar or identical or similar to a trade mark having a reputation;
F) signs consisting exclusively of the generic names of goods or services or
descriptive indications that relate to them, c me the signs that the market may
serve to designate the kind, quantity, quality, intended purpose, value, geographical origin
or the time of production of the product or the service, or other
characteristics of the product or service;
G) signs which consist exclusively of the shape which results from the nature of the product, by
shape of the product necessary to obtain a technical result, or the shape which gives substantial value to the product
;
H) signs the use of which would be a violation of another's copyright, industrial property right or other exclusive right
third.
2. Notwithstanding the provisions of Article 59, paragraph 2, letter a) and paragraph 1 letter f) of the
this article may be registered as trademark business signs
before the application for registration , following the use made of it, it has acquired distinctive character
. 3
. The portraits of people can not be registered as trademarks without the consent of
same, and, after their death, without the consent of the spouse and children, in their absence, or
after their death, parents and others stepped nti; and, in the absence, or after the death of these

Last of relatives to the fourth degree inclusive.
4. Names of persons, other than that of someone who applies for registration can be registered as trademarks
provided their use is not likely to leder fame, credit or dignity of those who have the right to bring such
names. The State Patent and Trademark Office has, however, may make
the granting of registration, even in that case, the consent provided in section 3 of this Article
. In any case, the granting of r tration will not prevent, to those who have
right to a name, to use it even in the company of his choice.
5. If generally known, can be registered as a trade mark by the proprietor, or with the consent
of these or of the persons referred to in paragraph 3 above personal names, signs used in the artistic
, literary, scientific , political or sporting fields, the designations and acronyms of events and those of
entities and non-profit making associations, including their characteristic emblems of these
.

Art.
61 (Application for registration of the mark)

1. An application for registration of a trade mark is filed with the Office of Patent and Trademark
, upon payment of the prescribed fees.
4. One and the same application may not contain a request for several registrations, nor
demand for a single registration for several trademarks. If the application is for more marks, the Office of State
Patent and Trademark Office will invite the applicant, assigning a term, to limit this
question to one brand, with the power to presentar, for the remaining brands, as many
questions, which will take effect from the date of the original application.
5. The trademark registration application, prepared in triplicate original and signed by
applicant or his representative, must be written or printed, indelibly and clear on
ISO A4 paper.
6. The application must include:
a) the surname, first name, nationality and domicile of the applicant, and those of his agent,
if any;
B) an indication of the kind of products, goods or services that the mark is intended to distinguish
;
C) an indication of the way of the label to the products, goods or services, whether as
label or engraving or as a relief or otherwise;
D) the description of the mark, which highlights the character of its different parts;
E) the copy of the representation of the mark to be applied on or attached to the application
obtained by suitable means of reproduction on plain white paper, must have
no larger than those of the ISO A4 format edge including ;.
F) the prescribed payment certificate proving payment of the required fees;
G) a statement of protection.
7. In the case of recording a graphic mark, copies must be identical in color
exemplar of the brand that you want to record and play back with appropriate means of
printed reproduction of sufficient quality to allow their reproduction and printing
modern means of reproduction to the Office of Patents and Trade Marks State,
maintaining the original quality. The State Patent and Trademark Office has discretion to decide which
playback means can be used and what excluded to safeguard the quality of
playback.
8. The description of the mark may include specifying the color or colors, including white or black
where such colors represent characteristic of the brand.
9. The copy of the reproduction of the mark shall not contain any recall or
reference to any patents or industrial models and drawings, even if
cover those goods or goods that the mark is used in respect.
10. The application for registration of collective marks, must unite, besides the documents indicated
in the previous paragraphs, including a copy of the statutory provisions referred to in Article 73, paragraph 2 next
concerning the use of collective marks, and sanctions, the changes statutory
to be communicated, by the legal representatives of the institutions or
associations, owners of collective marks, the Patents and Trade marks State, to be included among the documents
attached to the application.
11. In the event of a priority claim, arising from eposit of an application abroad,
or from exposure of the product or goods, the applicant will provide the Office of Patent and Trademarks
documents and information proving the '
existence of priorities as specified in Article 62 below.
12. The incomplete documentation when filing can be completed within two months of
date of such deposit.

Art. 62
(Acts the priority claim)


1. Who in reference to an earlier registration application for registration
filed or to an earlier obtained registration for the same mark in another State
by him or by his successor, he will join the declaration a certificate which shows in
what date and in what order number has been made in registering abroad.
2. If registration abroad has taken place in favor of others, the applicant must produce
the title of purchase for which the transfer of the brand can. 3
. When claiming the priority of a deposit originally made in another State
date not earlier than six months from the filing date of the registration order now for San Marino,
to the terms of existing international conventions, must unite to demand a document
containing the representation of the mark which is the subject of that deposit, with the list of
products to which the mark relates and you detect the name of the depositor, the
filing date, including the date and the registration number of the trademark, if it was already registered
.
4. If the deposit abroad is followed by others, the applicant must also produce the title Purchase
for which the transfer of the brand can.
5. The documents referred to in the preceding paragraphs must be accompanied by a translation into Italian
language.
6. The State Patent and Trademark Office may request that the translation be certified
conform to the original text by the diplomatic or consular post of the State where the
document was formed, or by an official translator.
7. The certificates, which are also translated and issued by directors or presidents of the offices of the United
part of the World Intellectual Property Geneva,
are exempt from legalization and may be replaced by official publications bearing the stamp or
seen the Office of Patent and Trademark they come from.
8. The applicant responsible for the exact conformity of the aforesaid translations with the original
.
9. Claim of ownership, must rife RSI
the first application filed originally in one of the World Intellectual Property Organization.
10. When abroad applications have been filed under separat different dates for different
parts of the same brand, and those parts you want to claim the right of priority for each of
them, even constitute a whole must dpositarsi separate question.
11. Where a single application contains claimed more Recording az oni or more deposits of those
different parts of the same brand, the new separate applications is applicable to Article 61, paragraphs
2, 3, 4.
12. When it intervened the decision of the State Secretary for Industry
temporary protection of new marks applied on products or goods that have figured in a
exposure and claiming the priority rights for such temporary protection, under
the subsequent article 75, paragraphs 1 and 2, the applicant must attach to the application a
certificate, duly legalized, the executive or the executive Committee or of the exposure
Presidency.
13. The certificate must contain:
a) the full name and address Exhibitor;
B) the date on which the product or goods bearing the mark, was given for the exposure;
C) a brief description of the mark, where it is specified what the mark consists, if
in a word, or figure, or sign and which, and have highlighted the characteristics of the brand itself
, so as to allow their identification.
14. At the same certificate must be attached, necessarily in the case of a trademark graphic
, a copy of the trade mark.
15. In case of exhibition held in a foreign country, the aforesaid certificate, issued by
organs corresponding to those referred to in paragraph 12, must be endorsed by the competent consular authorities
.
16. After the special period set for esposizi ni in a foreign country, is always
save the right to claim, to the effects of priority, the filing date of the application for registration
made abroad.
17. Where the applicant for registration is the exhibitor must produce the title Purchase
for which the transfer of the brand can.
18. The claim of priority rights must be mentioned in the application for registration
.
19. The brand is in any case granted without mention of priority, if, within six months from the filing
, are not produced, in due form, the documents
prescribed by this Consolidation Act.




Art.63 (Recording Time)

1. The registration of a trademark is valid for ten years from the date of filing the application for registration
.
2. The registration of first deposit, may be renewed for successive periods of ten years
by granting a registration renewal, due to the same proprietor or his successor in
, and by payment of the prescribed fee. This also applies to any subsequent
registration renewal. 3
. The effects of renewal shall take effect from the expiry of the previous recording.


Art.64 (Manner of the trademark registration renewal)

1. The registration may be renewed for the same prior mark, or to the previous mark
changed only in its non-distinctive character which does not substantially alter the identity of
initially registered trademark, and with regard to the same kind of products or goods
or related genera, however, included in the same class, according to the classification resulting
by the Nice Agreement of 15 June 1957, and successiv modifications.
2. The renewal is made for ten-year periods, on application to be filed within the
last twelve months of maturity in the course of the decade, after which the registration can be renewed
in the six months following the month of that deadline, with the application of a
surcharge. 3
. The renewal of the registration of a trademark that has been subject to transfer
for some of the goods or services is carried out separately by their respective owners.
4. An application for trademark renewal must be made by the owner of the registration or
by that party, in the manner prescribed for the first registration.
5. The application shall include the identification number and the recording effect of
first deposit, as well as the numbers of any regstrazioni renewal.
6. The question of renewal must unite the documents required under paragraphs 3 and 4.
If none of these documents has undergone changes from the recording of the first or previous
deposit, the owner of the registration or his successor may present
a written statement, under its responsibility, that all the required documents or parts of them
were unchanged. The renewal application must still be accompanied by the prescribed
payment certificate proving payment of the required fees.
7. If the previous record belongs to several persons, the renewal application
can be made by only one, in the interest of all.
8. If the registration renewal is sought for a constituent label modification, in its distinctive characters
, to the earlier mark, the Office of Patent and Trademark
will invite the applicant, assigning a term, to transform the demand for renewal in demand
first deposit registration, which shall take effect from the date of the request for renewal.
The applicant may appeal the decision of the Office of Patents and Trade Marks State.

Art.
65 (Examination of and reliefs)

1. The State Patent and Trademark Office proceeds adun examination of the application to ensure:
the formal regularity of the application of the following:
a) the absence of grounds for exclusion from the protection referred to in Article 60, paragraph 1
letters a), b), c) and d);
B) if it can be applied to the subsequent Article 73, when it comes to collective marks;
C) if the word, figure or sign may be registered as a trademark pursuant to the preceding
Articles 59 paragraphs 1 and 2, letter a), and 60 paragraphs 3, 4 and 5;
D) if, in the case referred to in article 69, paragraphs 4, 5 and 6, they combine the conditions
desired by international conventions.
2. If you notice the conditions above, the Office of Patent and Trademark
records the brand, publish a reference to the registration and issue a registration certificate
. If it did not satisfy the conditions above, the Office of
State Patent and Trademark Office shall reject the application. 3
. Being mark including words, figures or signs with signification
political or religious, or of high symbolic value, or containing el minds heraldic, the Office of Patent and Trademarks
, before granting registration, send the 'exemplary brand and anything else will take
, to Public Administrations interested, or competent to hear the warning, in accordance to what has
placed in paragraph 5 below.
4. The State Patent and Trademark Office has the right to provide, in terms of the previous

Paragraph 3 in any case where there is no doubt that the mark may be contrary to public policy or morality
.
5. If the Administration concerned, or the competent authority referred to in paragraph 3, it expresses
contrary opinion the granting of registration, the Office of Patent and Trademark
rejects the demand.
6. The decision by which the Office of Patent and Trademark reject the application, or
still not accept it in full, must be communicated in writing to the applicant, the
which has the right to appeal before the Administrative Judge.
7. The applicant can always withdraw your application during the examination procedure before the Office
State Patent and Trademark Office has decided whether or not to register the mark.
8. The applicant, before the Patent and Trademark Office has taken steps to
recording, has the power to correct in respecting the formal statement of protection, originally filed
. The request for the correction of the aforesaid document must be
motivated.
9. The applicant, at the invitation of the Office of Patents and Trade Marks State, must complete, or
correct, the application or documents, if necessary, to better determine the scope of the protection sought
.
10. The applicant for renewal, when it is the successor in title of the holder of
first deposit registration, is required to justify its title.

Art. 66
(Observations of third parties and opposition)

1. For a period of four months from the date of publication of the application
registration of a trademark, any third party, including groups representing manufacturers,
manufacturers, service providers, traders or cnsumatori, may submit arguments against
registration of the mark which is the subject of the application.
2. Comments should be submitted in writing, specifying the reasons for which the
mark should be refused registration. In which case they will be attached to the file of
application for registration and shall be notified to the applicant who may submit their comments
. Third parties do not become parties to proceedings before the Office of State Patent and Trademark
. 3
. Within three months from the date of publication of the application for registration of a mark,
may be filed opposition to the exclusion grounds specified under Article 59 paragraph
2 letters b) to e).
4. The opposition may be filed by a holder of trademark
San Marino or Italian or of an application for San Marino mark or Italian
filed before or boasting an earlier priority date or the holder of a trademark || | front well-known and must be based on that exclusive right. The holder of an exclusive license of exploitation
for a trademark can file an opposition
if this right is not specifically excluded by the license agreement. The opposition may be filed
for all or part of the products for which registration was sought.
5. The opposition procedure takes place in writing on the basis of a contradictory.
It may be submitted directly by, in the case of a resident of San Marino, or by his authorized representative
. The opposition is considered completed with the filing of a notice of opposition and
with the payment of the prescribed fee within the above terms.
6. The opposition may be filed in the same ter ni from the date of publication in the International newsletter
against international marks designating San Marino according to the
Madrid Agreement.
7. The opposition is notified to the holder of the trade mark application and
the State Patent and Trademark Office issues a response period of not less than two months.
After the prescribed period, the Office of Patent and Trademark prepare a draft decision
transmitting parts which can submit their comments within the prescribed period
. In case of failure to submit observations, the project becomes final decision.
It shall be published in the bulletin of the brands.
8. The Director of the State Patent and Trademark Office shall issue the directives necessary for the conduct of
opposition procedures.

Art. 67
(Recording Grant)

1. Registration does not affect the exercise of judicial actions concerning the validity of it or
membership of the brand.
2. The State Office of Patents and Trademarks lnotizia of public records and the copy of
trademarks in the Official Gazette and takes note in R gistro trademark. 3
. Successful registration, copies of the brand and typically the documents of each

Recording is made available to the public.

Art.
68 (Registration of Marks)

1. The State Patent and Trademark Office maintains a Trade Marks Registry, which must contain,
for every bid accepted, at least the following:
a) the order number and the day of filing the application;
B) full name, residence and domicile of the applicant or name and registered office, if
case of a company, association or legal entity, and the representative, if any;
C) a copy of the mark;
D) an indication of the products or goods that the mark is used in respect of;
E) reference to the previous registration of the mark occurred in the State of origin, or the preceding
deposit made abroad; the particulars required by Article 75 of this text
Unique, when priority is claimed to provide temporary protection in an exhibition;
F) date of registration of the concession.
2. The Registry should also contain information on tax payments. 3
. The State Patent and Trademark Office then takes note, in the same register, the outcome of the application
. In the register of marks it must be noted given
possibly any other provisions of this Consolidation Act.
4. On the same register, and in relation to each registration, it must be taken note of the acts listed in Article 93
and related changes in Article 101.
5. The register shall contain, for recordings of renewal, even the extremes of
first deposit registration, and the serial number of the renewal.
6. Registration of first deposit shows indications referred to in paragraph 1.

7. Registration renewal shall also indicate the references referred to in paragraph 5.

8. The registration of first deposit or renovation must be attached with one of
specimens of protection statement.
9. Collective marks are registered in a special section of the Registration of Marks.

Art. 69
(Proprietor of the mark)

1. May obtain registration for registered trade mark if using it, or proposes to
use, manufacture or trade in goods or the provision of services of
his business, which has control undertakings which use with his consent.
2. You can not obtain a registration for a trade mark who has asked the question in bad faith
. 3
. Administrations also states, regions, provinces and municipalities can get
registrations for trademarks.
4. Registration for the brand, in favor of foreigners who have not in the territory of the Republic of San Marino
business from which the products or goods covered by
mark itself, may be granted if the Member theirs are the applicants agree to the citizens of San Marino
reciprocal treatment.
5. All the benefits that international conventions recognize, have recognized or will recognize
to foreigners in the territory of the Republic of San Marino on trade marks,
means extended to the citizens of San Marino.
6. The right to obtain, in accordance with international conventions, the registration for a
mark previously registered abroad in the qu referenced in the application, it is up to the owner of the mark
abroad, or its successor.

Art.
70 (Rights to the brand)

1. The application for registration mark, must r ess made by those who have the right to obtain it, to
under this Consolidated and international conventions or his successor in title.
2. If a judgment has become final it is established that the right to register the trademark
it is up to a person other than those who have filed the application, that person may, if the
registration has not yet been carried out and within three months from
the res judicata court judgment, at its option:
a) take in his own name the r dressing application for registration in effect the quality of
applicant;
B) file a new application for registration which are applicable, to the extent that the mark
contained therein is substantially identical to the first question, dates back to the
filing or priority date of the initial application which in any case cease to have effect;
C) obtain the rejection of the application. 3
. If the recording was made on behalf of p rsona different by the proprietor, these
may at its option:
a) obtaining a decision having retroactive effect, the tr transfer to his own name of | || recording;
B) to assert the invalidity of the registration carried out by those not entitled to it.

4. For collective marks the request must be made by those who have the body or association representation
.


Art.
71 (Rights conferred by the registration)

1. The proprietor of the trade mark in relation to any goods or services for which the mark is registered
, has the right to the exclusive use of the same and to prevent third parties to use
for products or services identical or similar, without his consent, a sign identical or similar to the registered mark
, that would result in a likelihood of confusion for the public.
2. The holder of a trademark, in addition to any other right, remedy or action in its
available, has the right to institute legal proceedings against any person using, without the
consent, the trade mark in relation any product or service for which it is registered
or against those who put into practice actions that make it possible that such infringement is occurring
. Where confusion may arise in public, this right extends to the use of a sign similar to
registered trademark and used in relation to goods or services similar to those for
which the mark was registered. 3
. If the registered trade mark has in the Republic of San Marino and Italy of renown,
the trademark owner also has the right to prevent third parties from using a sign identical or similar to
registered trademark for goods or services not similar, if use of the sign takes unfair advantage
, the distinctive character or the repute of the mark or is detrimental to the same
.
4. The trade mark owner may in particular prohibit third parties from affixing the sign to the goods or their packaging
; offering the goods, the imetterli on the market or stocking them for these purposes,
, or offering or supplying services under the sign; to import or export products
under the sign itself; using the sign on business papers and in advertising
.
5. The exclusive rights are conferred with the registration, except as provided in Article 79.


Art.
72 (Limitation on the rights conferred by the mark)

1. The rights in a trade mark shall not entitle the holder thereof to prohibit a third party from using in the economic activity
:
a) his own name or address;
B) indications concerning the kind, quality, quantity, intended purpose, value, geographical origin
at the time of manufacture of the product or the service, or other characteristics
performance the product or service;
C) the trade mark where it is necessary to indicate the intended purpose of a product or service
, in particular as accessories or spare parts; provided that the use is in accordance with
principles of professional integrity, and then depending on the brand, but only
descriptive function.
2. The limitations set out in points a) and b), however, does not exempt third from avoiding that derive from such
uses deceptive or confusingly similar effects. 3
. The rights conferred by the registration of a mark do not extend to acts relating to
articles that have been put on the market in the Republic of San Marino, by the holder of
trademark or with his consent.
4. The limitation on the rights conferred by registration of the mark referred to in paragraph 2
, but does not apply where there exist legitimate reasons for the proprietor himself
oppose further commercialization of the goods, especially where the condition of these
is changed or impaired after they have been put on the market.



Art. 73
(Collective marks)

1. Except as provided in paragraph 2, Articles 59, 60, 61, 63, 71 is
apply to collective marks.
2. An application for registration of a collective mark shall designate the mark as
collective mark and must be accompanied by a regulation governing its use, as well
controls and penalties. 3
. The holder of a collective trademark must notify the Office of Patent and Trademarks
any variations in the rules relating to the trademark.
4. The provisions of the preceding paragraphs of this article also apply to foreign collective
registered trademarks in the country of origin, provided that it is accorded to the Republic of San Marino
reciprocal treatment.
5. Collective marks are subject to all other provisions of this Consolidated
are not in conflict with the nature of them.
6. Notwithstanding Article 60, paragraph 1, letter c), a collective mark may consist of signs

Or indications which may serve in trade to designate the geographical origin of products or services
. In this case, however, the Office of Patent and Trademark may refuse, with
motivated order, recording when the marks may create situations of unjustified
privilege, or otherwise be detrimental to the development of similar initiatives || | in the region. The State Office of Patents and Trademarks to be entitled to request in this respect the warning of
public administrations, in particular sammarines and Italian, categories and interested bodies or competent
.
7. The successful registration of the collective mark c constituted by the geographical name
not entitle the proprietor to prohibit a third party from using the trade name, provided he
comply with the principles of professional integrity and therefore limited to the indication of origin
function.

Art. 74
(the brand and license transfer)

1. Any change in ownership of the registration of a trade mark or a
collective mark, or the ownership of the relevant application, shall be recorded at the request of any interested party
and is published by the Office of Patent and Trademark in the Trade marks registry.
This change has no effect against third parties until transcription occurred.
2. Any change in the ownership of a collective trademark registration, or
ownership of a corresponding application, requires prior approval by the Secretary of State for Industry
. 3
. Each license agreement on the registration of a trade mark or its
application must have an effective control by the grantor on the quality of
products and services of the licensee in relation to which the mark is used. If the license
contract does not have this quality control or if such control is not actually exercised, the
license agreement is invalid and the exclusive right referred to in Article 71 paragraphs 1) and 3) not
can be exercised.
4. The registration of a collective mark, or a related question, can not be the subject of a license agreement
.
5. The mark may be transferred, independently of the transfer of the company, or of a particular branch
this, or all or part of the goods and services for which it is registered
.
6. The mark may also be licensed nonexclusive, for all or part of
products or services for which it is registered and for the whole or part of the State, provided that in case of
non-exclusive, the licenziatar or expressly undertakes to use
brand for products or services identical to those provided or
provided in the State with the same mark by the proprietor or by other licensees.
7. The proprietor of a trade mark may invoke the exclusive rights in the trademark
against a licensee who violates the provisions of the relatively
term license agreement, to use of the mark way, the n ture of products or services for which the
license is granted, the territory in which the trademark may be used or the quality of the products
manufactured and services provided by the licensee.
8. In any case, the transfer and licensing of the trademark must not result in deception
those features of the products or services that are essential to the public's appreciation.

Art. 75
(Temporary protection)

1. Within the limits and conditions set forth in the following paragraphs, it may be granted,
by order of the Secretary of State for Industry temporary protection to new
marks applied on products or goods listed in exhibitions, national or international, official or officially recognized
, held in t rritorio the Republic of San Marino, or
a foreign state which grants reciprocal treatment, in particular Italy.
2. Temporary protection traces the recording priorities, in favor of the owner or
his successor, the day of delivery of the product or merchandise for the exhibition and has always
effect when the registration application is filed within
six months from the date of delivery and in any event no later than six months from the opening of the exhibition. 3
. If kept in a foreign country exposure, it s there is established a shorter period, the application for registration
must be filed within this term.
4. Among several brands for products or goods delivered to the exhibition on the same day, the
priority is the brand through which was lodged before the application for registration.

5. The above-mentioned dates must be indicated by the person concerned and entered in the Register of
brands and recording, after their verification by the Office of Patent and Trademarks
.

Art.
76 (Forfeiture of registration)

1. The decade mark for:
a) non-use or to suspend the same for a continuous period of five years, unless
that non-use is justified by legitimate reasons;
B) if the trade mark has become, in consequence of acts or inactivity of the proprietor
, generic name of the product or service;
C) if the mark becomes liable to mislead the public, particularly as to the nature,
quality or origin of goods or services, because of the way and the context in which it is used by the owner
or with his consent, for the goods and services for which it is registered;
D) if the mark has become contrary to law, public order and morality;
E) for failure to pay the renewal fee.
2. Are equivalent to the use of the trademark use of the same in a modified form which will not
alter the distinctive character and the affixing she Republic of San Marino or Italian
the trade mark to goods or their packaging for export of them. 3
. Moreover, even the decay will take place for us if not the trade mark owner is not used
is, at the same time, the proprietor of another, or other records, still in force, for similar trademarks,
least one of which effective use face pr identify the same goods or services
.
4. Except in cases of trademark rights acquired by third parties with the deposit or with the use,
forfeiture can not be enforced if lscadenza between the five-year period of non-use and
proposition of the claim or riconvenzioale of decadence It has been started or resumed use actual
brand. However, if the owner makes preparations for the commencement or resumption of the use of the brand
only after learning that is going to be proposed claim or counterclaim for revocation
, such commencement or resumption are not taken into consideration, if not
carried out at least three months before the bringing of claims or counterclaims of
decadence; this period, however, the course takes only relief after the expiry of the non-use
five years.
5. The decade also register by omission by the holder of
controls provided by the regulations on the use of the collective mark.
6. Proof of revocation for non-use may be furnished by any means including
mere presumptions.
7. In case of forfeiture for non-payment of renewal fee applies, mutatis mutandis
, the same procedure described in Article 33 paragraphs 3 to 6. 8
. If the grounds for revocation of a trade mark exist in only part of
products or services for which the mark is registered, the revocation or invalidity
unique to this part of the products or services.
9. The burden of proving the forfeiture of a trademark always falls to those who
holds. The decadence and the invalidity of the mark take effect towards all when they
declared by declaratory judgment.

Art.
77 (Nullity of the trademark registration)

1. Registration of the mark is zero, except for the dispo to the following paragraph 2:
a) it lacks a requirement referred to in the previous article 59 paragraph 2;
B) if it is contrary to the provisions of the preceding Article 60, paragraphs 1, 3, 4 and 5;
C) if it is contrary to the provisions of the preceding Article 69, paragraph 2;
D) in the case of the previous article 70 paragraph 3 letter b).
2. Notwithstanding paragraph 1 a) and b), with reference to Article 59 paragraph 2, letter a) and
Article 60 paragraph 1, letter f), the mark may not be declared invalid if, before the || | proposition of the claim or riconvenzioale for invalidity, the sign through use
that has been made, has become distinctive. 3
. If the grounds for revocation of a trade mark exist in only part of the products
or services for which the mark is registered, the revocation or invalidity
unique to this part of the products or services.
4. The proprietor of an earlier trade mark within the meaning of Article 59 paragraph 2, letter d), e),
and the holder of a right of prior use that is not merely local notoriety, which have,
during five consecutive years, he tolerated, being aware, the use of a mark back
registered the same or similar, can not demand the declaration of invalidity of

Later mark registered or oppose the use of the same for the products or services in relation to
which that mark has been used on the basis of its earlier mark or of its prior use, except in cases where
the later mark was applied for in bad faith. The trade mark proprietor can not oppose the use
rear of the anterior or the continuation of prior use.
5. The foreclosure action mentioned in the preceding paragraph shall also extend to third parties.
6. The discipline of paragraph 4 also applies to the case of registered trademark
in violation of Article 60, paragraph 1, letter h), and paragraphs 3, 4 and 5. 7
. The burden of proving the invalidity of a trademark always falls to those who
holds. The decadence and the invalidity of the mark take effect towards all when
are declared by declaratory judgment.



Art. 78
(Renunciation of the mark, restriction and amendment)

1. The holder may at any time withdraw his application for registration, or limit
the list of goods or services contained therein.
2. The trade mark proprietor or his successor in title, may at any time before the end of
ten years after registration of first deposit or by a subsequent registration renewal
renounce the label with its statement sent to the Office Patents and Trade Marks State
. 3
. Renunciation and limitations become effective with their entry in the Register of
brands and they must be given in the Official Bulletin.
4. No modification of the brand in the Trade Marks Registry is allowed during the
recording time, or the time of its renewal, subject to Article 64 paragraph 1.

Art.
79 (Use of the mark)

1. In the case of prior use by a third party, of a non-registered mark, it does not matter
notoriety of it, or amounts purely local notoriety, the same third parties have the right to continue
brand use, even for the purposes of advertising, in the local spread limits, despite
on the registration for the brand itself.
2. And 'forbidden to anyone to make use of a mark already registered and actually used, after the
its registration has been declared invalid, when the cause of nullity entails the illegality of the use of the brand
. 3
. Not allowed to use the mark in a manner contrary lla law, nor to create a likelihood of confusion
on the market with other signs known as badges of businesses,
products or services of others, or induce any case misleading the public, particularly as to the
nature, quality or origin of goods or services, because of the way and the context in which it is used or
impairing another's copyright, intellectual property or other right exclusive third
.
4. The merchant may affix his own mark to the m rci that sells, but not
can suppress the brand of the producer and / or the dealer from whom it has received the
products or goods.
5. And 'forbidden to take as a company, company name and sign a sign identical or similar to another's trademark
if the identity or affinity between the business activities of the holders of those signs
and the products or services for which the mark is adopted may occur
a likelihood of association between the two signs.
6. The prohibition referred to in the preceding paragraph covers the adoption as a company,
name or business name and insignia of an equal sign or similar to a registered trade mark for goods or services
not similar, which enjoy in the Republic of San Marino or Italy renown
where use of that sign without due cause takes unfair advantage of the distinctive character or the repute of the mark or
bears aglistessi injury.
7. The provisions of the preceding paragraphs shall apply, as applicable, even if
as acts described are performed in Italy, in accordance with Article 43 of the Convention
friendship and good neighborliness between San Marino and Italy 31 March 1939.

Art. 80
(International brands)

1. Remain still, for the registration of marks at the World Organization of Intellectual Property
Geneva, the provisions v nations under the international conventions
.
2. The refusal to recognize the Republic of San Marino of those marks
can be done within one year from the date of publication of the mark in the Organization Bulletin of the World
Geneva Intellectual Property '' Les Marques Internationales ''.

Art. 81
(Pre-existence of a registered trademark in Italy)

Pursuant to Article 43 of the Convention of friendship and good neighborliness between San Marino and

Italy of 31 March 1939, the following shall apply in relation to trademarks:
1. If the same mark is protected at the same time as the application for registration or recording
Italian and San Marino, and involving the same applicant, owner or successor,
illegal use, by a third, of the brand in the territory of Republic of San Marino
not constitute infringement or usurpation of the Italian brand and the illegal use of the brand in Italy
does not constitute trademark infringement or usurpation of San Marino. In such cases the applicant
the registration of the trade mark proprietor or application may refer to the Italian judicial authorities
solely on the basis of the rights conferred by the application for registration or from the Italian
brand and the judicial authority of San Marino escluivamente by virtue of the rights conferred by the registration application
or San Marino mark.
2. If a trademark is protected by registration application or registration Italian but not
San Marino, the use by a third party, the brand in the territory of the Republic of San Marino
constitutes infringement or usurpation of the Italian title of protection and apply the relevant provisions of this
Consolidated. 3
. If a trademark is protected by registration application or registration in San Marino, but not Italian
, the illicit use by a third party, the mark in the territory of the Italian State
constitutes infringement or usurpation of the title of protection San Marino and apply
Italian laws.




TITLE IV TRADE NAMES, INDICATIONS OF PROVENANCE, DENOM inactions
HOME AND ACTS OF UNFAIR COMPETITION



Art. 82
(Meaning of '' trade name '', the '' indication of origin '' and '' designation of origin
'')

For the purposes of this Consolidated:
1. '' Trade name '' means the name or designation which identifies the enterprise;
2. '' Indication of source '' means any expression or sign used to indicate that a
product or service originates in a given country, region or other geographic entity; 3
. '' Designation of origin '' means the name of the country, region or other geographic entity
which serves to designate a product from which it originates, whose characteristic qualities are due exclusively or essentially to the geographical environment
to include natural and human factors, or both
; any name other than that of a country, region or other entity is
regarded as a geographic entity name if it relates to a specific geographic area
when used in relation to certain products.



Art. 83
(trade names Protection)

Despite this requirement in law or regulation to register trade names, such
names are protected against unlawful acts committed by third parties even before their registration or
without registration. In particular, is considered unlawful any subsequent use of the trade name
by third parties, both as a commercial name that as a trade mark,
service mark or collective mark, and any use of a trade name or trademark similarly,
as to deceive the public likely.

Art. 84
(illegal use of an indication of origin)

E 'illegal to direct or indirect use of a ind of false or misleading origin cation
about the origin of products or services, or the identity of their producers, manufacturers or suppliers.

Art. 85
(wrongful use of a designation of origin)

1. E 'illegal to direct or indirect use of a designation of origin or false or misleading
imitate a designation of origin even though the ver origin of the product is indicated or if the
designation is used in the form of translation or accompanied by words such as '' general '',
'' type '', '' imitation or similar ''.
2. The protection conferred by Articles 83, 84 and 85 does not allow him to prohibit third parties from using
in the activity of its name, or the name of their predecessor in the activity itself, except where such name is used
so as to cause confusion or to deceive the public.

Art.
86 (unfair competition acts)

1. And 'unlawful any act of competition contrary to honest practices in industrial or commercial matters
.
2. Anyone who performs acts of unfair competition:
a) uses names and distinctive signs which may lead to confusion with names or distinctive signs
lawfully used by others, or slavishly imitate a competitor's product, or carries with | || any other means acts such as to create confusion with the products and the business of a competitor
;
B) disseminate news and praise the product and business of a competitor, capable of

Determine the discredit, or appropriates product qualities or the undertaking of a competitor;
C) imitates or uses abusive or without cause the result of the work of others, without the addition
independent or innovative, regardless of the likelihood of confusion;
D) applies directly or indirectly by any other means inconsistent with the principles of professional integrity and
capable of damaging another's company;
E) acquire, you disclose to third parties or use in a manner contrary to honest practices
business information including business information subject to the legitimate
a competitor monitoring whether such information is secret in the sense that they are not in
body or in the precise configuration and assembly of its components, generally known or readily accessible
experts and professionals, have economic value
because it is secret, are submitted by dellep ople lawfully in control are subject
, with measures to be considered reasonably adeguat to keep it secret. 3
. Also constitutes unfair competition disclosure to third parties, or acquisition or
use by third parties in a manner contrary to the professional integrity of data on
tests or other secret data, the origination of which involves a considerable effort, and
whose presentation is attached to the authorization for marketing of chemical products, pharmaceutical or agricultural
involving the use of new substances.

Art.
87 (Sanctions)

1. The judgment establishing unfair competition inhibits the continuation and has the
appropriate measures to ensure that its effects are eliminated.
2. If the acts of unfair competition have made cond him or negligently, the author is obliged to
damages. In such an event it can be ordered publication of the judgment.
Make acts of unfair competition, the fault is assumed. 3
. Where acts of unfair competition prejudicial to the interests of a professional category
, the action for the prevention of unfair competition can also be promoted
by professional associations and by entities rapp exempt category.


TITLE V GENERAL PROVISIONS




Art.
88 (Provisions for applying for the title of protection)

1. The patent application for industrial invention, registration for designs and models industrial
or corporate or collective mark can be presented as to citizens
San Marino, as foreigners, whether individu, companies, associations or bodies moral, or even
more individuals collectively.
2. If the application is made by a company, as a ASSOCIATION or a moral entity, must
indicate the name and registered office of the company or entity. 3
. The application for an invention patent granted, the application for registration for
drawing and industrial model or corporate or collective mark must be filed
by the author or his successor in title or his representative.

Art.
89 (Restoration of full)

1. The holder or the applicant for a title of deprivation under which it is found
unable to observe a time limit prescribed by the law or these Consolidated
or fixed by the Patents and Trade Marks State for a action against the Office of State
patent and Trademark same is have his rights restored if the failure to observe a deadline has to
directly lead to the rejection of an application for patent grant, of a recording || | brand or model or industrial design, or a ist nce relating thereto, or the loss of any
other right, or a right to appeal.
2. Within two months of receipt of a communication from the Office State Patent and Trademark
informing the claimant of the failure of a term compliance, it must be
presented the request for reinstatement on the part of the successor . The request shall be admissible if
within six months of the expiry of the term no observed.
The application is considered valid only after payment of the prescribed fee. 3
. The acceptance instance annuls the legal consequences that failure would mean the end of
or determines their revocation, if such legal consequences they have in the meantime
produced their effect.
4. The provisions of this Article shall be Not applicable the terms provided them:
a) in paragraph 2 above,
b) the term for claiming priority rights,
c) the term assigned to the split of the applications for registration and for filing the divisional application
and
d) the terms envisaged in the previous articles 33, 54 and 76, for the payment of the fees

Continued life and renewal.
5. Anyone who has made serious and effective preparations or has begun to use the invention
in the period between the loss of exclusivity or the right to buy and reintegration to
under this Article may at no charge at the uare 'invention within the limits of prior use or what
resulting from the preparations.

Art. 90
(Language of the procedure)

1. The questions and the documents referred to in this Consolidation Act must be written in Italian language and so
attachments acts. Acts in a different language by the Italian, must be accompanied by the
translation into Italian. In case of filing of the patent application under the preceding
Article 10 shall not in Italian language, the Italian translation can be lodged within
than one month from the filing date, subject to the presentation in Italian
to the filing date of the documents referred to in Article 10 paragraph 2.
2. Unless otherwise provided in this Consolidation Act, the successor certifies the
at the original Italian translation.

Art. 91
(of the question bank mode)

1. And 'it allowed the submission of applications and related documents via postal service, or
equivalent service, by registered post with acknowledgment of receipt, direct
Office of Patents and Trade Marks State. In this case it considers the filing date the date of receipt by the
predicted the State Patent and Trademark Office.
2. And 'it allowed the submission of applications and related documents by telefax,
observing the provisions of the subsequent article 98.

Art.
92 (Representation)

1. If the ordinary residence of the applicant or the principal place of business is outside the
Republic of San Marino, he must be represented by a representative admitted to practice before the
State Office of Patents and Trademarks.
2. The applicant or his authorized representative, if any, shall in each application indicate or elect
his home in the Republic of San Marino for all communications and notifications to be made under this
Consolidated. 3
. The appointment of one or more agents, if it is not made by a separate document, authentic or authenticated
, can be done with a specific letter of burden,. The power of attorney must be signed by the applicant and countersigned by
. The power of attorney is considered private agreement.
The mandate given to it only applies to the object in it specified and limited to
relations with the State Office of Patents and Trademarks.
4. The agent, who has applied to the Prosecutor General, may, in any subsequent
patent application, on behalf of the same client, refer to the authorization.
5. No applicant resident of San Marino is required to be represented by an agent
enabled in proceedings before the Patents and Trade Marks State; natural and legal persons
San Marino may act by means of their employees, even if not enabled.
6. The mandate may be conferred only on representatives entered in a register kept for this purpose
by the Patents and Trade Marks State. The mandate can be conferred on a lawyer or solicitor
entered in the respective professional register.

Art. 93
(Transcripts of deprivation of rights in securities)

1. Must be published by means of transcription to the Office of State
Patents and Trademarks, subject in all cases of the preceding Article 74:
a) acts between the living, whether for reward or free of charge, which transfer, in whole or in part, rights of
deprivation of San Marino;
B) acts inter vivos, with or without consideration, which establish, modify or transfer rights
personal or real enjoyment, or warranty claims, made pursuant to the following paragraph to Article 10
94 concerning deprivation aforesaid;
C) deeds of division, corporate documents, settlements and surrenders, relative to the rights set forth in the two preceding paragraphs
;
D) bills of attachment;
E) official reports on awards following forced deprivation of titles sold;
F) the minutes of the suspension of the sale of part of custodial
seized titles to be returned to the debtor in accordance with law;
G) court decisions which declare the existence of the documents ndicati in letters a), b) and c)
​​ where these acts have not previously been transcribed;
H) judgments declaring the nullity, cancellation, termination, termination, revision
of a recorded document shall be annot yourself in the margin of the record of the
which they refer;

I) can also be recorded direct judicial claims to obtain the judgments referred to in this Article
. In this case, the effects of the inclusion of the judgment tr date back to the date of the transcript
the proceedings;
J) wills and the documents which prove legitimate succession and their outcomes;
K) the cancellation of sentences involving deprivation of securities and their legal questions.
2. The transcript is subject to payment of the prescribed fee.

Art. 94
(transcription mode)

1. To get the transcript of an act relating to a title of deprivation on its
Register kept by the Patents and Trade Marks State, the applicant shall submit an application transcription
prepared in duplicate. Applications must be filed
the Patents and Trade Marks State, attaching an authentic copy of the act public, or
original or an authenticated copy of the authenticated private. When authentication can not be
, it is on the faculty of the Office of Patent and Trademark authorize the recording of a
unauthenticated private document. It must contain:
a) the full name and domicile of the applicant and the representative, if any;
B) the full name of the holder of privat and an indication of the number and date of deprivation
same title;
C) the date and nature of the title to be recorded and, in the case of a public deed,
the details of the notary who received it;
D) an indication of the object of the act to be transcribed.
2. Asked transcription, referred to in Article 93 must be accompanied by:
a) the legal title to be recorded;
B) the document proving payment of the prescribed fee in the form provided in this
Consolidated;
C) the instrument was drafted in another language it must be accompanied by Italian
language translation, notarized. 3
. When there is an agent, it will also join the power of attorney, or a letter of appointment in due form
.
4. Against the refusal of the Office of Patent and Trademark making a transcript, the applicant may appeal
.
5. The order of the entries is determined by the order of submission of applications.
6. Omissions or inaccuracies, which do not create total uncertainty about who intends
transcribe, or on the title of deprivation, to which the act refers, does not harm the validity of
transcription.
7. The acts and decisions of the preceding paragraphs, except wills and other papers and
judgments indicated in letters d), j), k) of the previous article 93 until they are transcribed, non
have effect against third parties who have in any way acquired and lawfully maintained
rights on the title of deprivation.
8. Where several persons acquired the same right from the same owner, who preferred
first recorded his title of acquisition.
9. The transcript of the minutes of seizure, as long as the effectiveness of this, suspending the effects of the transcripts
more of the acts and the aforementioned judgments; the effects of these transcripts are less
after transcription of the minutes of agg udicazione, provided that takes place within three months of the date of
same.
10. The Testaments and the documents which prove legitimate succession, and judgments,
shall be recorded only to establish the continuity of transfers.
11. Warranty claims on deprivation titles for industrial inventions must be established through cash credits
. In performing the transcription, the amount of credit, where it is not
expressed in national currency, will be converted into the sum, equivalent of the latter.
12. Where more than one right of security, the grade is determined by the order of the transcripts.
13. Cancellation of recordings of d warranty is performed following the
production of the act of the creditor's consent with ttoscrizione authenticated, or when the
cancellation was ordered by a final judgment, or following the || | fulfillment of the rights secured by collateral.
14. Cancellation is due the same pre encrypts fee for the transcript.
15. The judgments and acts received by the Office of Patent and Trademarks pursuant to the Consolidated
This must be recorded on the relevant register and they must be given
in the Official Bulletin. For each transcript act or judgment, it must indicate:
a) the date of application, which is the d th e transcript;
B) the surname, name of party and the home cause, or the name and registered office in the case of

Company or legal entity, as well as the full name and domicile of the agent if any;
C) the nature of the rights to which the recording is rife SOEC.
16. The State Patent and Trademark Office gives the applicant a copy of his application,
with the declaration of the recording. The acts and decisions submitted for
recording shall be kept by the Office of Patent and Trademark same.
17. Requests for cancellation of a recording shall be made in the same manner, and
with the same procedure as those for requests for transcripts and noted in the relevant Register.
18. If, for the transcription of warranty claims, it is necessary to convert the amount of
credit in national currency, the conversion shall be made according to the exchange rate of the day
which the guarantee was granted.
19. Transactions relating to industrial property titles deprivation have character
actions concerning commercial.


Art. 95
(execution procedure)

1. The economic rights relating to intellectual property licenses may be subject to forced execution
. Implementation apply the stable rules and the law to run on chattels
.
2. The attachment shall contain:
a) a statement of seizure of private title, after references enabling it to
identified and corresponding to the results of the respective register;
B) the date of the act and of its dispatch for enforcement;
C) the amount for which it is being enforced;
D) the surname, name and domicile or residence of the creditor and debtor;
E) the full name of the legal officer. 3
. If the person to whom the bill of attachment shall be served does not have domicile or residence
in the Republic of San Marino or Italy, nor has elected domicile,
notification is performed at the State Patent Bureau and Trademarks. In the latter case, a copy of the act
is posted on the Office of Patent and Trademarks and published in the Bulletin Official
.
4. The deprivation of securities even though being granted, may be seized.
5. Disputes, concerning the forced execution and seizure of deprivation title, they
propose forward to the judicial authorities of the Republic of San Marino.


TITLE VI ADMINISTRATIVE PROVISIONS




Art. 96
(Administrative Guidelines)

1. Services relating to the matters covered by this Consolidation Act, provides for the Office of State
Patent and Trademark Office.
2. The Office of Patents and Trade Marks State Director may define
administrative directives for employees of State Patent and Trademark Office and the applicants in order to make
filing procedures easier and shipped, registration and licensing of deprivation,
prejudice to the provisions of this Consolidation Act. 3
. If the time limits established by this Consolidated expire on a public holiday, the deadline is extended to the next working day
.
4. The deposit of evidence of deprivation forward the Office of Patent and Trademark will be given
act receipt issued to the person.

Art. 97
(Information submitted to the Office of Patents and Trade Marks State)

The applications for plant variety title and notices may be submitted to the Office of State
Patent and Trademark sending together with copies of the document required:
1. by mail, if the case of patent application, by registered mail;
2. by delivery by hand; 3
. by other equivalent means and allowed by the Patents and Trade Marks State;
4. by fax a signed original, in the manner of Article 98 below;
5. with transmission of the content of the communication by electronic means, with the next mode Article 99.


Art. 98
(Communication by fax)

1. The demand for deposit or registration of a title of San Marino deprivation presented
Office of Patent and Trademark and all other communications sent by fax must
have clearly readable.
2. If the document is incomplete and / or partially or totally unreadable, or
there are reasonable doubts as to the accuracy of the transmission, the Office of Patent and Trademark
informs the dispatcher that can resend as long as necessary to complete the document. 3
. The State Patent and Trademark Office assigns to the document so received, a provisional date of receipt
, which is the arrival of the last page of the document.
If the original document received by the Office of Patents and Trade Marks State within one month of receipt
the fax
and conforms to the fax already received, the Office of Patent and Trademark
confirmation to the applicant or other persons due date fax ell as the official date of receipt, otherwise
to the document received from 'State Patent and Trademark Office is assigned the date of receipt of the original
.
4. If the original sending is not executed, the communication shall be deemed void.
5. In any case, the fax is kept on record.
6. The Director of the State Patent and Trademark Office may determine additional requirements
for sending by fax communications, in particular for the material to be used, the data
technical communication and methods of identifying the sender.

Art. 99
(Communication by electronic means)

1. The application for filing or recording of evidence of San Marino deprivation presented
Office of Patent and Trademark and all other communications sent by electronic means
must have the clearly readable.
2. The electronic means chosen must be one of those defined by the Director of the Office of Patent and Trademark
, which can ensure the safety of transmission and compatibility with media
receiving and reading the Office of Patents State and Trademarks. 3
. The State Patent and Trademark Office assigns to the document so received, a date of
reception, which is one in which the communication is received by the Patents and Trade Marks State.
4. The Director of the State Patent and Trademark Office may determine additional requirements
for sending communications by electronic media in particular by the
material used, technical details of communication, and methods of identifying the sender, for
the type of documents to be excluded from this form of transmission. He will establish in the Directives if the means chosen electronic
may require the sending of the original document or to confirm if the
document electronically sent in itself constitute a valid submission in accordance with the procedures provided for by this
Consolidated.

Art. 100
(Information Office of Patents and Trade Marks State)

1. Any communication, relief or decision sent the applicant, or his agent, during the forward
procedures the State Office of Patents and Trademarks, is made by registered letter and
with the granting of a period for reply.
2. This may vary from a minimum of one month up to three months with possibility of extension
up to a maximum of six months. 3
. The request for extension must be substantiated. The State Patent and Trademark Office, will not hold
account replies received after the expiry of the period as it granted or extended.
4. If technical progress enables you to ensure the security and privacy of telecommunications
with users, the Office of Patents and Trade Marks State Director may issue
Directives permitting the exchange of correspondence electronically or by other means
you possibly can develop in the future, taking into account the need for security and
confidentiality of documents and exchanges information you.

Art. 101
(Domicile and changes)

1. The applicant or his successor in title shall in each application indicate or elect his domicile
in the Republic of San Marino for all communications and notifications to be made at
under this Consolidation Act. The address changes must be communicated to the Office of Patents and Trademarks
State, logging them in the respective registry.
2. Where there is no indication or of such an address, or in the event that is communicated
Office of Patent and Trademark of domicile termination elected to the terms of the previous paragraph
, and until it is communicated new elezion domicile in the Republic of San Marino
, communications and aforementioned notifications are performed by posting a copy
act, or notice of its contents, on the Office of Patent and Trademarks. 3
. Any change of address of the agent must be brought to the attention of the Office of State
Patent and Trademark Office, who noted in the register of representatives of San Marino.
4. Changes the name of the holder of the patent or the registration of the mark, design or industrial model
they must be brought to the knowledge of the Office of Patent and Trademark,
with the supporting documents, for the record nl relevant Register .
5. The indication of domicile recorded in the respective Registry serves as a domicile
for the purpose of determining jurisdiction and for any administrative notification and judicial
.

Art.
102 (Publications)


1. The State Patent and Trademark Office maintains separate rgistri for patents, models and
industrial designs and trade marks.
2. The State Patent and Trademark Office carries out all the publications provided for in this
law in a special section of the Official Bulletin. 3
. The Patent Register, the trademark and that of models and industrial designs,
deprivation of questions and related documents are public. The State Patent and Trademark Office keeps
available free to the public disposal, so that they can be consulted, a specimen of
filings during procedures.
4. Except as otherwise provided in this Consolidation Act, anyone may inspect and obtain
, per certificate or extract, the news of the recordings, transcripts and
records contained in the records, as well as copies of the applications and related documents,
such boards with the graphic reproduction of the models, or products, or samples of the products themselves,
both the possible description, attached to the files. The Director of the Office of Patents and Trademarks
State may allow you extract copies of the applications, descriptions and drawings,
and other documents that are allowed the vision to the public, to those who so requests.
5. Those certificates or extracts, as well as the authentication of documents and records and copies,
are subject to the payment of prescribed fees or the v sion rights.
6. The public may also consult, in the same manner and upon payment to the Office of State
Patent and Trademark of inspection fees, the records relating to foreign certificates, attachments
questions, where it is claimed the priority of deposits made abroad, and even acts of other priorities
.
7. Copies and extracts of the various registers and certificates relating to extracts from other
records and duplicates of the originals of the documents relating to patents, trademarks, models or
industrial designs, are made exclusively by Patents and Trade Marks State, as a result of demand
.
8. They are determined by the Director of the Office of Patents and Trade Marks State, in the same way,
rates for copy jobs and for those of photographic reproduction, to which
See to the Office of State Patent and Trademark Office and for administrative fees for services offered to the public.
9. The publications provided for in this decree shall be made in the Official Bulletin, published by the Office
care of Patents and Trade Marks State.
10. Deposited and rights granted, are published in the Official Bulletin. Bulletin
same will also be given notice of the extremes of trademarks internationally,
by reference to the files of the Bulletin of the World Intellectual Property Geneva
'' Les Marques Internationales '', containing the information relating
such brands, as they are received the files themselves.
11. The publication will contain the basic information included in deprivation and,
, respectively, in the transcription questions.
12. The Director of the State Patent and Trademark Office has the power to cause to be published in the Official Bulletin
also indexes and classes of their respective classifications of securities of deprivation
inquired and / or granted, the alphabetical indexes of owners of custodial granted, possibly
summaries of descriptions and Elapsed itions occurred.
13. Even the Bulletin aforesaid shall apply dispoizioni for free distribution to
industrial property offices of other States.
14. The Director of Patents and Trade Marks State may decide to carry out
publication in any other form, such as that ettronica, depending on availability
offered by technical progress. He has the power to determine what information or personal data
, in addition to those specified in this T I'm Unique, are to be included in the publication
Registrar and the Official Bulletin, the interests of the public.

Art. 103
(Forms)

1. The Patent and Trademark Office Director of State may determine, with their own
measure, in accordance with the models of which are to be written questions and other
acts, relating to the subject of deprivation that the Office State Patent and Trademark Office records or releases
and if they can be distributed or stored electronically.
2. If you have questions, or other acts which do not conform to the models, referred to in the preceding paragraph, the interested
are required to make the necessary additions and clarifications of questions or
of the acts themselves.


TITLE VII CHARGES




Art. 104
(for invention patent Taxes)


1. The patent for industrial invention is subject to the following fees:
a) application that includes the renewal fee fee for the first three years and the fee for the
printed publication of the patent application file;
B) additional fee of publication and issue of more than twenty pages;
C) annual renewal fee, starting from the fourth year from the filing date;
D) recording fee;
E) search fee, if requested by the applicant.
2. The application fee and the publication fee must be paid to the filing of the application
. In case of cancellation of the application before it is published, it is refunded
half of the amount paid for the publication.

Art.
105 (Tax Model and Industrial Design)

1. Registration for industrial designs is subject to the following fees:
a) any application fee includes registration fee for the first five years and
fee for publication in the press of the design or model;
B) five-year renewal fee since the second five-year period;
C) recording fee.
2. The application fee and first registration fee, must be paid to the deposit
demand. In case of rejection of the application, or waiver of it, before the
registration has been granted, the amounts paid will be refunded, except for the question
fee, which is unrepeatable.

Art.
106 (Fees for trademarks)

1. The registration for the trade mark and the collective is subject to the following fees:
a) demand and before registration includes first registration fee tax, inclusive
of three classes and designation of printed publication fee brand;
B) a fee is payable for each additional class dela classification referred to in Article 1
Nice Agreement Concerning the International Classification of goods and services for the
registration of marks of 15 June 1957 revised and amended;
C) renewal fee as of the second decade, in which she by commensurate
because of the classes referred to in letter;
D) recording fee.
2. For the international registration of the mark, over charges laid down by the international conventions
, it must pay the application fee of San Marino. They can be provided for tax
for any actions carried out by the Patents and Trade Marks State in the context of
international trademark registration procedure.
3 The application fee and first registration fee, must be paid to the deposit
demand.
4 Likewise, the renewal fee must be paid prior to the filing of its renewal application
.
5 In case of rejection of the application, or waiver of it, the fees paid shall not be refunded
.

Art. 107
(of payment)

1. The Director of the State Patent and Trademark Office publishes information about the various
postal or bank accounts on which you can make payments and payment procedures recognized
.
2. Occasion of each payment must be clearly indicated the reason for
payment, with the specification, the number of Patent br or application or registration, the holder
, and annuality for which the contribution is paid, if it covers payment for
annuities, all followed by the signature and the sender's address. 3
. If the instructions provided with the payment permttono not match the payment to a
date of the patent application or a patent, an application for registration or a
registration, the payment is deemed not to have occurred and the riser
refunded to the payer, provided that a known or recognizable.
4. The reimbursement of fees paid, in the cases provided by law or regulations
is carried out at the request of the beneficiary. Refunds do not relate in any case to
filing fee or patent application, which is unrepeatable.
5. The payments made by the postal current account or by bank operations take
service date:
a) from the date of payment, in the event that provision is made by direct payment to
post offices or banks of amount due;
B) the day on dell'addebitamento policyholder account in the event that provision is made
by giro or bank transfer, based on the sum due on another postal or bank account
.
6. The Director of the Office of Patents and Trademarks State discretion to allow other means of
payment if he sees fit.

Art.
108 (Proof of payment)

1. The request for a measure, for which the payment is prescribed a

Tax, is not admissible unless it is accompanied dl document that provides a record of the payment made
.
2. The sender must ensure that receipts or copies of receipts showing payment, whatever the medium used
both are sent to the Office of Patent and Trademark recommended or
equivalents or delivered in person at the State Office patent and Trademark Office. 3
. Payments can also be made by someone other than the holder of the title of
deprivation.

Art. 109
(Payment error)

1. If, for obvious error, or other excusable reasons, a fee among those considered in previous articles
is paid incompletely, or otherwise irregularly, the Office of State
Patent and Trademark Office shall, at the instance, can admit how useful the integration or
regularization, even late, but no more than an anus the final date for the
payment due, with payment of a surcharge, otherwise the payment is considered as carried
.
2. The questions aimed at achieving the integration or regularization of late fees paid
incompletely or otherwise irregularly for obvious error, or other excusable reasons,
may be filed with the Office of Patent and Trademark or may
be sent directly by registered post or other equivalent, to that office. 3
. Where the Office of Patent and Trademarks rejects the application, the applicant may submit
appeal.

Art. 110
(Reduction and exemption from patent fees)

1. The applicant or the patent holder in the application or written communication that
reaches the Office of Patents and Trade Marks State, if it is not transcribed exclusive license, may give the public
license for non-exclusive use of ' and invention.
2. The license shall take effect from the notification to the holder of the offer,
although it is not accepted the compensation. In the latter case, the determination of the measure and
payment of compensation mode provides a panel of arbitrators, consisting of three
members, one appointed by each party and the third appointed by the first two or,
case of disagreement, by the Law Commissioner. The board of arbitrators must proceed with fair
appreciation. If the determination is manifestly unfair or incorrect, or if one of
parties refuses to appoint its own arbitrator ladeterminazione is made by the Commissioner of
Law. 3
. The compensation may be changed in the same manner prescribed for the determination of the original
if circumstances have arisen or become known which are obviously inappropriate
compensation already fixed.
4. The applicant or patentee who has offered to license the public on patent
right to reduce to half of the annual fees. The reduction is granted by the Office of State
Patent and Trademark Office. The offering statement is recorded in the Patent Register,
published in the Official Bulletin and the effects of it persist until revoked.
5. If the offer to license the public is made in date subsequent to the filing of the patent application
, the reduction will cover the fees of the annu ity subsequent communication of the offer
.


TITLE VIII JUDICIAL ORDER




Art. 111
(Judiciary)

1. All proceedings in respect of San Marino property rights, propose
before the judicial authorities of the Republic, irrespective of the nationality, domicile or residence of
made parties to the provisions of Article 43, the Convention of friendship and good neighborliness
between San Marino and Italy of 31 March 1939.
2. The indication of the address noted on the register is valid as domicile
for the purpose of determining jurisdiction and for any administrative notification and judicial
. 3
. The burden of proving the invalidity or revocation of a registered always falls to those who
grab the title.
4. The burden of proving a breach of the security of pr vative with the holder
that promotes the legal action for infringement or usurpation.
5. Disqualifications or even partial nullity of a deprivation are effective against all
where they are declared by declaratory judgment. Such judgments have to be transcribed in the respective Register
by the Patents and Trade Marks State.
6. The right of action in defense of industrial property rights lies with holders
themselves and their licensees, specifically vested with the necessary powers under the license
contract.

7. The standing to direct action to obtain a declaration of revocation or invalidity is
head to anyone who is a real and current interest.
8. With the exception of paragraph 7, the direct action to obtain a declaration of nullity of a
design for the existence of the earlier rights referred to in Article 57, paragraph 1, letter c),
d), e) f) or because the recording was made on behalf of non-entitled or
because the design constitutes an improper use of any of the items listed in Article 6
-ter of the Paris Convention for the protection of industrial property, or
designs, emblems and escutcheons which are of particular public interest in the state, it can be exercised respectively
only by the holder of earlier rights and by that party or by the entitled or
by those who have an interest use.
9. With the exception of paragraph 7, the direct action to obtain a declaration of nullity of a
registered trademark of the existence of earlier rights, or because the use of the mark
would constitute violation of another's copyright, the industrial property, or other rights exclusive
third party, or because the brand is a violation of the right to a name or to
portrait, or because registration of the mark was made on behalf of not having
law, can It is exercised only by the holder of earlier rights and by that party or by the entitled
.

Art. 112
(Responsible for the administrative actions)

Each of the parties to a procedure before the Office of Patent and Trademarks, under this Consolidated
, which ended with a decision, it may appeal against this decision under the Law
June 28, 1989 68 ' 'of administrative jurisdiction, the legality
and administrative penalties'' before the administrative court of first Instance.

Art. 113
(Responsible for the civil actions)

The actions relating to industrial property and protection of acts of unfair competition
propose before the Law Commissioner, with the 'ere held by the plaintiff of
communicate copy of the application to the Office of the judgment State Patent and Trademark Office.

Art. 114
(promoted Office Action)

1. The direct action to obtain a declaration of revocation or invalidity of evidence of deprivation
may also be brought ex officio by the Law Commissioner, for the deprivation occurred
contrast with the law, public order or morals and supervening
deceptiveness of trademarks or essential characteristics of the product or service related thereto.
2. The action referred to in the preceding paragraph must be exercised in contradiction of all
those who are recorded in the relevant register as eligible on deprivation.

Art. 115
(Responsible for the prosecution)

The criminal actions for the protection of Industrial Property shall be brought to
Law Commissioner.

Art. 116
(Registration of summons introductory)

A copy of the application of all civil proceedings relating to patents, trademarks, industrial designs
must be communicated to the Office of Patent and Trademark by
who promotes the judgment. Where the aforementioned communications have been provided, the Authority
judicial, at any grade of the trial, before deciding on the merits, provides that this
communication is made. The registrar must send the Office of Patent and Trademark
copy of the judgment on the nullity or forfeiture of patents, trademarks, industrial designs or models
.

Art. 117
(Actions in the field of industrial property)

1. Actions (including protective) regarding deprivation ndustriali may be undertaken also
when the title has not yet been granted, provided that the patent application is published or otherwise
served on the party against whom enforcement is sought .
2. The Commissioner of the relevant law can not pronounce judgment until
the State Office of Patents and Trademarks has provided the patent application.

Art. 118
(Interim Measures - Description, seizure and injunction)

1. The right holder may request the Commissioner of the Law that is willing
the judicial inspection with description of the evidence concerning the violation of
deprivation, consistent, by way of example but not limited to, the constituent objects || | violation, in the means used to the realization of the same and related projects, in

Information regarding the possible involvement of third parties, market information and related accounting
to the production and commercialization of objects in violation.
The description of these elements also includes the acquisition of a copy of the relevant documentation
. That measure, to avoid jeopardizing the implementation, can be arranged
without prior convening of the counterparty.
2. The description that is ordered during the proceedings, it loses all validity if
within 30 days of its execution:
a) is not notified of the application and a copy of the decree ordering you to those against
of which the decree was issued;
B) has not initiated the proceedings on the merits; 3
. The right holder may also request the seizure of some or all objects
infringing these rights and deprivation of the means used in producing the same.
4. The right holder may finally ask, is willing formal notice in order to inhibit a precautionary measure
continuation of the offense and that the rspetto of that formal notice
is sanctioned by the imposition of a due amount for each violazi it or failure to comply subsequently found
.
5. Such measures may also be requested in the course of a once already
lawsuit was taken, and, granted, may be revoked or modified during the proceedings or with
decision which rules on the merits.
6. The Law Commissioner, upon his request the seizure and / or formal notice,
gathered summary information and, if it is deemed desirable, after consultation with the person against whom the action is
proposal, if it considers the existence of serious reasons, it provides emergency and can affect the
seizure to the provision of a security. When the c nvocazione counterparty
may affect the implementation of the measure sought, the Law Commissioner shall
with reasoned decree and fixed the hearing of the parties to appear within a period not exceeding fifteen days
, instantly giving a deadline of no more than eight days for
service of the application and the decree. In this hearing, the court, by order, confirm, amend or revoke
the measures enacted by decree. In the event that the notification is to be abroad
terms mentioned above are tripled. The Law Commissioner may impose possibly to
applicant pay a deposit commensurate with its economic possibilities and the
gravity of the measure sought.
7. The description and seizure shall be performed by a bailiff, with
assistance, where appropriate, by one or more experts and also by the use of technical means of verification
, photographic or otherwise. Interested parties may be authorized to attend
operations, even through their representatives, or to be assisted by experts of their confidence
.
8. The description may also cover items belonging to third parties, as long as not intended for personal use
. The seizure may also affect objects belonging to third parties, provided that they so
trade.
9. Anyone intending to bring out any of the actions envisaged in the preceding paragraphs may,
and shall, to the Law Commissioner to order the provisional enforcement of measures
inhibitors, precautionary or protective measures necessary for protecting the effective exercise of the credit rights
related to damages. The Commissioner of the Law by Decree, after harvested
summary information.
10. Notwithstanding the provisions of the preceding paragraphs, and is subject to the requirements of the Criminal Justice
, can not be seized, but only described, the objects in which there is found a breach of deprivation
title until appear in the enclosure of a exposure, official or officially recognized
, held in the territory of the Republic of San Marino or Italian
the State, or are in transit to or from the same.
11. The Law Commissioner may order the supervision order or judgment issued in
dependence of property rights violations to be published, in full or in summary, or a single
operative part, in one or more newspapers, even foreigners, it indicated, by the applicant
and the loser's expense.
12. These measures can also be arranged for the protection of trade names,
indications of source of origin and for acts of unfair competition and copyright
recognizable to a design or model.

Art. 119
(Interim Measures - procedural rules)

1. Form of application and requirements.
The instance by way of appeal lodged at the Law Commissioner.

The instance is also feasible in the slope of demand for the obtaining of any
deprivation.
The requirements for bringing the application are:
a) the danger in delay that the well-founded fear that during the TMPO
needed to assert their right in ordinary session, it remains unsatisfied; and;
B) a prima facie case that the probable existence and violation of the right invoked before the courts.
In determining the existence of danger in delay, the Law Commissioner must assess not only
the time between the knowledge of the violation of the right and the
instance storage and the difficulty in quantifying dell ' any damage suffered by the applicant or patiendo,
but also the effective persistence, at the time of pre-trial request, of a situation
potentially productive of serious and skilled to irreparable damage, in this case having to recognize
l ' existence of danger in delay also spent substantial time between knowledge
lesion and making the application.
In any case, the Law Commissioner shall assess the danger in delay
also in relation to the potential detriment that the acceptance decree could cause to the defendant that
were successful outcome of the substantive proceedings. a penalty of nullity, the action must
contain an indication of the will of the applicant to bring the relative merit
procedure and the object of the request and the facts on which that procedure will be based.
2. Competence pre-trial and in the case of the arbitration clause, compromise or arbitration

slope Before the main action the application proposes the Law Commissioner
jurisdiction as to the substance.
If the dispute is subject to arbitration clause or is compromised or if the arbitrators
is pending the arbitration proceedings, the instance will still be proposed to the Law Commissioner.
Following the submission of the application, the chancellor as the official file and submit it without delay
to the Executive Magistrate who shall designate the magistrate entrusted with the handling of the procedure
. 3
. Competence in the course of proceedings
When there is action pending for the merits, the application shall be submitted to the Commissioner of
Law Judge or dell'Appellazione thereof.
If the case is pending before the Commissioner's Court, but has not yet been assigned to a
Law Commissioner or judgment is suspended or interrupted, the application aims to Magistrate
Manager, which provides the accordance with the last paragraph of Article 2.
slope of the terms for such an appeal, the resort aims to Commissioner of
Law that delivered the judgment.
If the case is pending before Judge stranger, the instance will be proposed at the Registry
of the Law Commissioner where that has jurisdiction over the dispute or if the
measurement must be performed in the Republic of San Mari or.
4. Procedure
The Commissioner of the fixed law, by decree, the hearing for appearance of the parties before him
within a period not exceeding fifteen days immediately assigning a deadline of no more than eight days to
the instance and notification of the decree.
After hearing the parties, omitted all formalities not essential to be heard, will proceed as it sees fit
acts of education indispensable with regard to the conditions and for the purposes of
measure sought, by Decree to ' acceptance or rejection of the petition.
When the convocation of the counterparty may affect the operation of the measure, the Law Commissioner shall
ex parte by reasoned decree, taken where necessary
summary information. In this case fixed, with the same decree, the presentation hearing
of the parties before him within the period specified in the first paragraph, assigning instantly
peremptory term of no more than eight days for the notification of the appeal and the decree.
In this hearing, the Law Commissioner, by order, confirming, varying or revoking measures
issued by decree.
For the purposes of the unprecedented decision parte, the prejudice that the measure operates
could suffer from the convening of the counterparty may consist nell'infruttuosità or worthlessness,
, even partial, of the order or the risk of deterioration of the damage, where the resistant
informed about the proceedings, is put in a position to change the status of goods and places.
If the notification is to be carried abroad, the terms referred to in the second paragraph
tripled.
5. negative decision

The rejection decree does not preclude the instance revival for the protective measure,
when there are changing circumstances or are deducted new reasons of fact or law
.
If the dismissal decree is pronounced before the start of the main proceedings, with it
Law Commissioner shall definitely on costs of the interim proceedings.
The order for costs is immediately enforceable and enforceable, within a period of twenty days from
pronounce the decree if it occurred at the hearing or otherwise from his
communication by the Registry or notification on application.
6. The measure of acceptance
decides to allow, where the application has been proposed before the cause of
about, should set a deadline of no more than thirty days to the beginning of the judgment about
, subject to the application of the last paragraph of Article 7.
In the absence of the term fixation by the Law Commissioner, the cause of about
should be initiated within the deadline of thirty days.
Period commencing with the ruling of the decree if it occurred at the hearing or otherwise from his
communication by the Registry or notification on application.
In the event that the notification of the application of the merits of the case to be carried abroad,
the period referred to in the preceding paragraphs it has tripled.
In the event that the dispute is the subject of compromise or arbitration clause, the
part, in terms of the preceding paragraphs, must notify the other of an act which declares its intention to promote
the arbitration procedure, proposes the application and shall, for
that she is called, the appointment of arbitrators.
7. Ineffectiveness of the preliminary injunction
If the substantive proceedings are not initiated within a period referred to in Article 6, or if
after its inception is extinguished, the protective measure loses its effectiveness.
In both cases, the Law Commissioner who issued the order on petition of
interested party, the parties convened by decree at the end of the appeal, declaring, if there
dispute with decree having enforceable, that the measure has become ineffective
and gives the necessary steps to restore the status quo. In case of dispute the
Law Commissioner who issued the protective measure decided by decree
provisionally enforceable, subject to the possibility to issue during the proceedings the
measures referred to in paragraph 8. The
precautionary measure loses, also effective if the security was not paid referred to in paragraph 9
, or if a judgment, even not become final, is declared nonexistent
the right to caution which had been granted. In this case, the measures referred to in the previous paragraph
are spoken in the same sentence or, failing that, by decree following
appeal to the Law Commissioner who issued the pr vvedimento.
If the cause of merit shall be referred to arbitration the preliminary injunction, in addition to the cases provided
in the first and third paragraphs, also loses effectiveness:
a) if the party had not requested It presents instance of enforceability of the arbitration award within the terms
may be provided by the law of forfeiture penalty;
B) if it is pronounced arbitral award declaring ines st nte the right for which the measure was granted
. For the declaration of ineffectiveness of the preventive measure for
recovery provisions apply the second paragraph of this article.
8. Revocation and amendment
to the taking of the Commissioner of Legg may, on application, modify or revoke
by decree the precautionary measure even if issued prior to the cause,
attachments if they are new facts or evidence not pre-existing.
If the cause of merit shall be referred to arbitration, or if the civil action has been exercised or transferred
in a criminal trial, the measures provided for in this Article shall be required
to the Law Commissioner who issued pr vvedimento precautionary.
9. Deposit
With the measure of acceptance, confirmation or with the decision to change the
Law Commissioner may impose instantly, evaluated all circumstances, a deposit for
any damages. Where appropriate, the Law Commissioner can
provide that the rejection of the petition is conditio the payment of a part of the resisting
bail.
10. Implementation
The Law Commissioner, where difficulties arise or disputes, upon request and after hearing the parties, may issue a decree
appropriate action to specify how compliance

Already the ordering of precautionary measures.
11.
Complaint against the decree by which, before or during the main proceedings is granted
, rejected, modified or revoked a preliminary injunction is allowed
complaint within ten days, on pain of decadence, from the date of communication by the Registry or notification
on application.
The complaint against the measures of the Law Commissioner, it is proposed to Magistrate
Manager, which assigns the case to another Commissar or of a different law from that which has
enacted the measure claimed. When the preliminary injunction was issued by Judge
dell'Appellazione, the complaint seeks to Executive Magistrate, who assigns the case to another judge
dell'Appellazione, other than that imposed the measure
claimed.
The Law Commissioner, convened the parties, pronunciation, not later than twenty days after the deposit of the
recourse, no appeal shall lie with the decree confirming, varying or revoking the measure precautionary
.
The appeal does not suspend enforcement of the measure. However, the Judge of the complaint, when for reasons
occurred severe damage adversely measure, may issue a decree
not challenged the suspension or make it conditional on the provision of adequate
bail.

Art. 120
(Compensation)

1. The judgment establishing the violation of property rights may order that the objects
thus produced or imported or sold, and the specific means that have served to produce them, or to implement the method or
protected process, are assigned properties the holder of the plant variety, except
prejudice to its right to damages.
2. It 'also on the faculty of the Law Commissioner, at the request of the owner of such objects
or means of production, taking into account the residual including square of the patent or of the
model or design registration, or of the particular circumstances of the case, order, if practicable,
temporary seizure, at his charge of viol tion, the objects and the means of production
to extinction of the remaining term of the patent or registration.
In the latter case, the right holder may request that the objects seized the
are awarded at a price that, in the absence of agreement ta parties, will be established by law
heard, if necessary, an expert. 3
. The judgment establishing the infringement of a trademark, or undermining the rights which they derive
, may order the destruction of the word elements, figurative or graphics with which
such counterfeiting or injury was committed. The destruction may include wraps and
when the court considers it appropriate, also the product or good, whether this is
needed to suppress the counterfeit brand.
4. In determining for any injury compensable, the Law Commissioner
must take account of the evidence reasonably available to the requesting party,
also by turning to assessments based on assumptions, taking into account:
a) both of ' immediate injury suffered in terms of the holder's lost profits;
B) is the mediated damage resulting from the loss in value in the product market
protected from deprivation;
C) both unfair advantage of which the violator has benefited at the expense of both the owner of the patent rights that
its successors.
5. The ruling providing for the payment of damages may, at the party's request, the
settlement in a lump sum determined by the acts of the case and the presumptions
resulting therefrom. It can also fix an amount due for each violation or failure to comply
subsequently established and for any delay nellaesecuzione of the measures contained in the
judgment.
6. When there are circumstances (concretely or astratt mind) likely to endanger the
payment of compensation, the court may order the precautionary seizure of movable
and property of the alleged infringer, including the blocking of his bank accounts
and other assets. To this end, the judicial authorities may order the communication of
banking, financial or commercial documents, or appropriate access to other information
.


Art. 121
(various sizes)

1. Of the things constituting the violation of property rights can not order the removal or destruction
, nor can it be prohibited from use when ppartengano who in good faith makes use
personal or household.
2. On any disputes which arise in carrying out the measures mentioned in this and the
Previous
Article 116 decides, by decree not subject to appeal, after hearing the parties and taken
summary information, the Law Commissioner. 3
. The court may order the payment to the injured party of pecuniary compensation
instead of applying the measures provided for in Article 115, if that person acted unintentionally and without negligence
if l ' implementation of these measures would cause him disproportionate harm and if pecuniary compensation
to the injured party appears reasonably satisfactory
.




TITLE IX TRANSITIONAL AND FINAL


Art. 122
(Transitional provisions for trademarks)

1. Be deemed revoked, the date aforesaid, any other provision of law or regulation
, which is contrary to this Consolidation Act.
2. However, it remains firm application of disposizi ni international conventions executive
in the Republic of San Marino and handfuls laws for their enforcement. 3
. The provisions of Article 66 shall apply to applications for trademark registration
filed after the entry into force of the Consolidated Law.

Art.
123 (Entry into force)

This Consolidated Law shall enter into force on the fifteenth day following that of its legal publication



Our Residence, this day of 22 June 2005/1704 dFR



THE CAPTAINS REGENT
Fausta Simona Morganti - Cesare Antonio Gasperoni





THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Rosa crocuses