Italy

Country code: 

IT

Flag: 

Ownership rules: 

Default (statutory) regime for the ownership

Creator / successor in title

Default (statutory) regime for employee’s creations

Employer

Ownership of research results in publicly sponsored research

Information not available

Specific ownership rules for public HEIs/research organisations and possibility to modify it contractually

When the employment relationship exists with a university ' or with a public administration which has among its institutional purposes ' research , the researcher and ' exclusive owner of the rights deriving from the patentable invention of which' author . In case of more ' writers, employees of the university' , public administrations aforesaid or by other public administrations , the rights deriving from the invention belong to everyone equally, unless otherwise agreed . The inventor of the present patent application and will be ' communication to the administration.

Specific ownership regime for students/ visiting researchers/doctoral students and possibility to modify it contractually

The Universities ' and public administrations , as part of their autonomy , establish the maximum amount of the fee, relating to licenses to third parties to use the invention , due to the same university ' or public administration or a private funders research, as well as ' any aspect of mutual relations . In any case , the inventor is entitled to not less than fifty percent of the proceeds or royalties for exploitation of the invention. In the event that the universities' or public authorities do not themselves the determinations mentioned above, under the same competes thirty percent of the proceeds or royalties.

Related law (name & link)

Industrial Property Code (Legislative Decree No. 30 of February 10, 2005), Article 65

Law No. 633 of April 22, 1941, for the Protection of Copyright and Neighboring Rights

Dissemination rules: 

Limitations on publication

Information not available

Specific rules regarding publication of scientific results financed by public bodies

Information not available

Non-disclosure clauses in research contracts

Information not available

Specific incentives for innovation activities: 

Related Law (name & Link)

Information not available

Incentives provided by law for individual researchers

Information not available

Related Law (name & Link)

Decreto legislativo n. 297 dated 27/7/1999 (D.Lg.vo 297/99) and the Decreto Ministeriale n. 593 dated 8/8/2000 (DM 593/00).

Incentives provided by HEI for researcher

Information not available

Form of commercialisation: 

Form of commercialisation

Requirements regarding form of contract

Limitations for HEIs

HEIs Unit responsible for commercialisation

Related law (name & link)

License

Information not available

Information not available

Information not available

Industrial Property Code (Legislative Decree No. 30 of February 10, 2005)

Revenue sharing: 

Remuneration/ Participation in revenues

Statutory rules regarding remuneration

Statutory rules regarding revenue sharing

Internal HEIs rules regarding revenue sharing

Related law (name & link)

In any case, the inventor is entitled to not less than fifty percent of the proceeds or royalties for exploitation of the invention. In the event that the universities' or public authorities do not themselves the determinations mentioned above, under the same competes thirty percent of the proceeds or royalties.

Information not available

Information not available

Information not available

Industrial Property Code (Legislative Decree No. 30 of February 10, 2005)

Models of contracts used in R&D: 

Type of contracts

Short description

Source (link)

Information not available