ITALY Law and Practice Contributed by: Maurizio Marullo, Giorgio Vagnoni and Francesco Amoresano, LAWP Studio legale e tributario
Funding for Federations Federations are funded by CONI/Sport e Salute S.p.A, among others. The amounts due to each federation are calculated as follows: • 50% of funding is based on the federation’s suc - cess in elite sports competition; • 30% is tied to the overall number of people actively participating in the sport governed by the federa - tion; and • 20% is based on efficiency and sustainability in sport management. Unsurprisingly, football receives the largest share of funding. This reflects its dominant position within the Italian sports industry, generating 70% of the annual sports tax revenue. 5. Intellectual Property, Data and Data Protection 5.1 Trade Marks Registration of a Trade Mark Italian trade marks can be registered by submitting an application form containing: • the trade mark features (type, name, descriptions, colours, etc); • the product categories for which the request is filed; • the applicant data; and • if necessary, a fast-track request and further rel - evant documents. The Italian Trademarks Office (UIBM) then evaluates the admissibility and correctness of the application and publishes it in the Trademarks Bulletin for a three- month opposition period. If no valid opposition arises, the trade mark is registered. It is also possible to obtain EU trade mark protection by filing a registration request at the European Union Intellectual Property Office (EUIPO) or by requesting an EU extension of a registered Italian trade mark with - in six months from the national registration request. The EUIPO route is often the preferred one, given the
possibility for the applicant to obtain valid registration in the entire EU. Registration Limits and Advantages The Italian Intellectual Property Code establishes limi - tations to trade mark registrations, such as: • well-known signs in art, literature, science, poli - tics, sports, etc, unless the holder of said signs expresses their consent; • trade marks identical or similar to another trade mark regarding similar or identical products, in case it may cause confusion among the public or the later trade mark can take advantage of the reputation of the earlier one; • signs without distinctive character; • signs that are unlawful or deceptive; and • geographical indications and denominations of origin with the potential to mislead the public or involving an undue exploitation of the protected name’s reputation. Despite the above limits, nowadays Italian courts allow sports clubs to register trade marks bearing the name of the town they represent, since they acquire independent distinctive features over the years, espe - cially when combined with a club’s colours and logos. This trend aligns with the growing focus of profes - sional clubs on rebranding initiatives to enhance their marketing appeal. Registering a trade mark grants its creator all the rela - tive intellectual property rights and protection against: • any unlawful use of said trade mark; • any potential registration of similar competing trade marks; and • any attempts at counterfeiting, usurpation or alteration. Further, clubs can also leverage criminal laws that penalise anyone trading in or introducing counterfeit goods in Italy (Article 474 of the Italian Criminal Code) and obtain prompt support from public enforcement officials. Also, sports leagues collectively negotiate with third-party agencies in the interests of their affili - ates to engage private investigation services to dis - cover and prevent counterfeiting.
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