IPTO: Suspension of time-limits for administrative proceedings extended to 15 May – COVID-19

Decree Law no. 23 of April 8, 2020, “Urgent measures concerning access to credit and tax obligations for businesses, special powers in strategic sectors, as well as measures in the field of health and work, and extension of administrative and procedural deadlines,” was published in the Official Gazette. Article 37 provides for the extension to 15 May 2020 the suspension of terms of pending administrative proceedings, previously set at 15 April 2020.

As a result of this provision, for the period between 23 February 2020 and 15 May 2020, all time limits, including peremptory limits, relating to administrative proceedings on request of the parties or ex officio, pending on 23 February 2020 or started after that date, are suspended.

It is confirmed that certificates, attestations, permits, concessions, authorizations and enabling acts, however named, expiring between 31 January and 15 April 2020 shall remain valid until 15 June 2020. After 15 June it is the responsibility of the interested party, who intends to extend the duration of an industrial property title, to take action in the forms already provided for by the law in order to maintain or renewal the title with payments to be made by 30 June 2020.

The exclusion from the scope of application of the suspension provided for by the aforementioned rule of the terms relating to appeals before the Appeals Commission is confirmed, as these refer to judicial and non-administrative proceedings.

Finally, it should be noted that for international patent applications and European patent applications (first filings), international trademark applications and international trademark renewal applications there is no suspension of the time limits except within the limits indicated by the competent international or European bodies.

 

Please find at the following link the text of Decree Law no. 23 of April 8, 2020.

Please find at the following link the text of Decree Law 17 March 2020, n.18 (previous).

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