A recent and major change has taken place concerning the mutual recognition of intellectual property rights between Italy and the Republic of San Marino.

In fact, on the basis of the communication made by the local Patent and Trademark Office,  as from 23 December 2014, the owners of European patents and international trademarks that want to protect their inventions or trademarks in the Republic of San Marino are required to pay national taxes in San Marino and cannot longer avail themselves of the reciprocity of recognition on trademarks, patents and designs sanctioned by art.43 of the Convention San Marino- Italy of 1939.

Meaning that with the ratification of the Exchange of notes between Italy and the Republic of San Marino on art.43 of the Convention of 1939 a) Art.43 (i.e. mutual recognition of intellectual property rights) shall apply only on industrial property rights covered by registration or grant issued in Italy and/or in San Marino on the basis of national applications submitted to one of their respective national offices, Italian Patent and Trademark Office (UIBM) and State Office for Patents and Trademarks (USBM); b) Art.43 (i.e. mutual recognition of intellectual property rights) cannot instead find application in reference to trademarks, patents or designs obtained as a result of a international procedure (international Trademarks based on Madrid Agreement and its additional Protocol, European patents, designs based on Hague Agreement).

Consequences:  all applicants originating from countries other than Italy, that require industrial property rights through the international systems (WIPO and EPO), are required to protect their rights in each of the two countries, by paying the taxes both in San Marino and in Italy.