The law that enhances, promotes, and protects Made in Italy

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On January 11, 2024, Law No. 206 of December 27, 2023 came into effect, titled “Organic Provisions for the Enhancement, Promotion, and Protection of Made in Italy.”

The law aims to enhance the global tag of “Made in Italy” and support the development

and modernisation of production processes and activities that contribute to the growth of Italian produce. Notably, the new law has established April 15 as the National Day of Made in Italy.This is to raise public awareness about the promotion and protection of the value and quality of Italian products, celebrating creativity and Italian excellence in public institutions, schools, and production facilities.

On the national and international economic front, the law introduces new and alternative measures, including:

a) The National Strategic Fund for Made in Italy, also known as the "Sovereign Fund."

With an initial endowment of 1 billion euros, the fund is authorised to invest directly or indirectly, even via other funds, under market conditions and in compliance with European Union regulations on state aid, in the capital of joint-stock companies, including those listed on regulated markets, and cooperative entities that:

b) New 3I Vouchers.

With the goal of “promoting knowledge and awareness of the potential associated with patenting inventions” and “supporting the valorisation of innovation processes,” the law allocates incentives of 8 million euros for 2023 and 1 million euros for 2024 to be invested in innovation for Innovative Startups and micro-enterprises that patent.

c) Women's Entrepreneurship.

Within the measure known as ‘New zero-interest businesses,’ the law provides for the creation of a specific reserve for enterprises with a predominant female participation, with a dedicated endowment of 15 million euros through refinancing.

d) Historic Brands.

For brands of particular interest and national importance, the law stipulates that the company holding or licensing a brand registered for at least fifty years or for which continuous use can be demonstrated for at least fifty years, and intends to permanently cease its activities, must notify the Ministry of Enterprises and Made in Italy in advance, providing information about the cessation project, including economic, financial, or technical reasons. To prevent extinction and safeguard continuity, the Ministry of Enterprises and Made in Italy may take over ownership of the brand at no cost if it has not been transferred for consideration by the company holding or licensing it.

For brands unused for at least five years, the Ministry of Enterprises and Made in Italy may apply for registration of the brand in its own name. The use of such brands is allowed exclusively for companies, including foreign ones, intending to invest in Italy or transfer production activities to Italy from abroad.

f) Protection of the intellectual property of the Made in Italy brand.

To protect and promote the intellectual and commercial property of goods produced in the national territory and to more effectively combat counterfeiting, the law establishes “Made in Italy” as the official mark attesting to the Italian origin of goods. Its use, either alone or together with the phrase “Made in Italy,” is prohibited except in cases determined by the Ministry.