Home » Innovation, trademarks prevail over patents. And the budget starts at 150 thousand euros

Innovation, trademarks prevail over patents. And the budget starts at 150 thousand euros

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Innovation, trademarks prevail over patents.  And the budget starts at 150 thousand euros

Growth investments for 2022, in the field of Intellectual Property, with 80% of new registrations concerning brands in the sectors: fashion / luxury, food and drink and, with a significant gap, but in any case with an upward curve, investments in non-patented know-how (in the automotive, food and pharmaceutical / life science markets, 43%). Then there are the patented innovations of the automotive and industry (40%), the acquisitions / licensing of third party IP titles in the pharmaceutical / life science (33%), and the industrial design registered in the fashion and automotive sector (25 for hundred).

These are the data that emerged from the IP 2022 Observatory, a survey of over 40 Italian companies, conducted by the TopLegal Study Center with the support of the Trevisan & Cuonzo Law Firm.

Deposits rise, disputes fall

It emerges that, in the last 10 years, on average, the companies that own trademarks and patents have been more active in the filing of trademarks and design models, against a significant decrease in disputes: in the sample examined, on average the individual companies they were involved in 15 trademark disputes, 3 on patents and one on design. In figures, one company out of two allocates a budget for the acquisition and management of IP securities of over 150 thousand euros: in the lead with over 500 thousand euros, for 25% of the sample of companies considered, investments are in the pharmaceutical and automotive sectors, followed with 300 and 500 thousand euros by fashion (18% of the sample) while 10% of companies generally invest between 150-300 thousand euros.

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Legal assistance

The survey also shows that the percentage of the budget used for external legal assistance in the field of IP is on average higher than 58% where half of the companies interviewed use about 50% of the overall budget for specific consultancy. In detail: 50% of companies make use of external consultants in the fashion sector (18% of the sample examined), 60% in luxury, food (8%), 70% for consumer goods (10%), 80% % for the automotive sector (15%) and 100% for consultancy in the life sciences and industry (5 per cent).
The consideration towards IP is also growing proportionally: companies generally show a proactive attitude: 95% consider it a “means” of enhancement and preventive protection of intangible assets for their business, turning to the patent attorney and / or to the external lawyer for strategic advice, only the remaining 5% demonstrates reactivity towards the IP, turning to the professional for specific assistance only in the “pathological” phase, ie in litigation.

“The survey – says Gabriel Cuonzo, managing partner of the Trevisan & Cuonzo Law Firm – shows that the assistance of the patent or legal professional becomes necessary (in 88% of cases) in the presence of disputes, or for the advice of brands and patents, with a percentage of 73%, and only to a lesser extent for contractual issues (25%). Only in 23% of the circumstances did the subjects declare to turn to an external professional due to insufficient internal resources “

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