Federico Briolini

Patent Ownership, Sale of the Company and Cof the Enterprise in the Italian «Start-up innovative» and «PMI innovative» Decrees

  • Abstract

Informations and abstract

Keywords: Startups; Smes; Innovation; Patents; Enterprises; Spin-Offs.

The essay deals with the so called «Start-up innovative » and «PMI innovative», i.e. startups and SMEs whose activity is (o should be) strictly connected with technological innovation. These companies, whose number is constantly increasing in Italy, must comply with some requirements in order to deserve the specific measures provided by the legislative decrees no. 179/2012 and 3/2015. In particular, the essay focuses on two of them: on the one hand, the requirement according to which the company should not be the result of a merger, split-up or selling-off of a company or branch; on the other hand, the rule that provides that the company must be the holder, depositary or licensee of a registered patent (industrial property) or the owner of a program for original registered computers. The Author reconstructs the meaning and the rationale of both the requirements in the light of the (sometimes confusing) opinions expressed by the Italian Ministry of Economic Development, in order to answer to the question if - or to which extent - these companies can be estabilished to continue pre-existing enterprises. Finally, a quick note is devoted to a legislative proposal regarding spin-offs, that should be discussed by the Italian Parliament in the near future.

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