Following a recent agreement between Italy and the Republic of San Marino on the interpretation of art. 43 of the bilateral 1939 Convention, the reciprocity of recognition of industrial property rights shall apply only to industrial property rights granted in Italy and/or in San Marino on the basis of national applications submitted to the respective national office.

Instead, the reciprocity of recognition shall not anymore find application to trademarks, patents or designs granted within an international procedure (International Trademarks based on Madrid Agreement and its additional Protocol, European patents, designs based on the Hague Agreement).

Therefore, as of December 23, 2014, the owners of European patents and international trademarks having an Italian designation but who also want to protect their inventions or trademarks in the Republic of San Marino are required to pay national taxes in San Marino and can not longer avail of the reciprocity of recognition on trademarks, patents and designs under art. 43 of the 1939 Convention between Italy and San Marino.

Those companies doing business both in Italy and San Marino should consider this change.