Protecting innovation


Intangible assets, capable of increasing their value over time, are increasingly an instrument of competitiveness for companies.

Valuing your business assets, in the light of adequate intellectual protection, means being able to use them strategically on the market as:

  • Negotiating tools, offensive and defensive instruments against competition, creating entry barriers and dominant positions;
  • Marketing tools, helping to increase the corporate image towards consumers, research and development partners;
  • Assets generators, assets to be capitalised, cash flows from licences and disposals.

It is therefore crucial for a company to identify its intangible assets, use them and protect them appropriately. The intellectual property law offers wide possibilities to guarantee and enforce the exclusivity rights and to enhance them in the market, listed below.

The patent

It is a title with which the State gives an inventor the right to prohibit third parties (in terms of production, use, marketing, sale and import), the exploitation of his invention for a limited period of time and grants the owner the exclusive right to make it, to dispose of it and to make it the subject of trade.

Obtaining a patent is therefore very important for those who have invested in innovation and research, only then will it be possible to obtain an exclusive and prevent others from duplicating the product.

The following may be patented:

  • industrial inventions: a new and original solution of a technical problem, capable of being realized and applied in the industrial field;
  • utility model means a device designed to confer on machines or parts thereof, tools, tools or objects of general use, particular effectiveness or convenience of application or convenience of application or use;
  • new plant varieties: a small grouping in which the plants belonging to it are all the same and are different from all the others. In order to obtain an exclusive right on a new plant variety, it is necessary that it meets the requirements of novelty, distinctiveness, homogeneity and stability.

The trademark

It is a distinctive sign that distinguishes the products or services of an undertaking from the products and services of other undertakings. The basic requirements of the label are:

  • the distinguishing ability: it is when it is possible to identify a product immediately, and it is immediately possible to identify the manufacturer;
  • the novelty: the brand is new when there are no similar or identical brands on the market. Therefore, before choosing and adopting a brand, it is good to carry out a search to verify that it has not already been used for products or services similar to those you want to offer. It is not always new, and therefore not usable, a well-known brand used for products of a different type than the "original";
  • the lawfulness: you cannot patent objects that can harm the sense of morality or that are contrary to public order.
  • the originality.

The mark enables a link to be established between consumers and the products which the undertaking places on the market. Consumers are inclined to link certain qualities of the product or service simply on the basis of the brand that is shown there.

The design

The design and model serve to protect the external aesthetic form of an object that presents an individual character and originality in the absolute sense. It protects the appearance of the whole product or part of it, as shown in particular by the characteristics of the lines, contours, colours, shape, surface structure and/or materials of the product and/or its ornamentation.

Copyright ®

The law on copyright protects the manifestations of human creativity, in particular literary, artistic, musical works, paintings, photographs, computer programs and databases. The creator is the holder of a right over the work that he realizes, which means that the copyright is established with the creation of the work.

The real benefit that you can get by owning intellectual property rights is manifested when you consider them not only as specific business assets, but as a strategic function for your business and a source of income. From the point of view of company value and your external projection in the market, it is essential that you consider intellectual property as:

  • a certification of the innovative and creative capacity of your company;
  • a competitive and financial instrument.

For more information, visit the Trademark and Patent Information Portal.

Updated on 22/10/2020