Who owns intellectual property created in an Italian R&D project?
Ownership depends on the contract, pre-existing rights, employment or consultancy arrangements, funding conditions and each contribution. Legislative Decree No. 30/2005 (the Industrial Property Code) and Law No. 633/1941, including its software provisions, may both be relevant. Define background IP, project results, inventorship, access, licensing and commercialisation before development begins.
What should a technology-transfer agreement cover?
Identify the technology, know-how and software transferred; licence scope, exclusivity, territory and improvements; training, technical assistance, milestones and acceptance; confidentiality, publication, patent strategy, fees, warranties, liability, export restrictions and post-termination rights. Confirm that the grant covers the relevant patent, design, software, data and trade-secret rights.
Do you advise on robotics and industrial automation contracts in Italy?
Yes. We advise suppliers, integrators and customers on robotics, machinery, automation, industrial software and systems integration. The review can connect specifications and interface duties with risk assessment, conformity documentation, testing, commissioning, cybersecurity, acceptance, warranties, maintenance and performance remedies.
How should testing and acceptance be handled in an engineering contract?
The contract should define measurable criteria, procedures, test environments, responsibilities, documentation, permitted retesting, deemed acceptance, consequences of failure and the relationship between acceptance, payment, warranty and delay remedies.
Can you protect software and data used in industrial systems?
Yes. We address ownership and licensing of source code, object code, configurations, interfaces, databases and operating data, together with open-source use, escrow, access rights, cybersecurity, confidentiality, updates and continuity if the supplier relationship ends.
Do you handle engineering and technology disputes in Italy?
Yes. We advise on failed specifications, delay, integration problems, testing and acceptance, defects, warranties, IP ownership, licence breaches, confidentiality and performance claims, supporting negotiation, expert determination, arbitration or litigation as appropriate.
Which Italian Civil Code rules may govern an engineering or turnkey contract?
Depending on the actual scope, a contract may fall under the rules on appalto (Articles 1655 et seq.) or professional services (Articles 2229–2236), among other provisions. The legal characterisation depends on the work and the parties' roles, not just the document's title; specifications, deliverables, acceptance, variations, professional duties and liability should be addressed expressly.
When does the new EU Machinery Regulation apply?
Regulation (EU) 2023/1230 applies from 20 January 2027. Until then, Directive 2006/42/EC remains the principal machinery framework, subject to the detailed transition rules. Manufacturers, importers and integrators should review product classification, conformity work and technical documentation for the date and role relevant to their project.
Do the Data Act, Cyber Resilience Act, NIS2 and AI Act apply to every technology company?
No. Scope depends on the product, activity, organisation and economic-operator role. The Data Act applies from 12 September 2025 to covered data generated by connected products and related services. Cyber Resilience Act reporting duties began on 11 September 2026, while most requirements apply from 11 December 2027. Italian NIS2 duties under Legislative Decree No. 138/2024 and AI Act duties are also scope- and role-dependent.
How does the new EU product-liability regime affect software and AI products?
Directive (EU) 2024/2853 expressly updates the EU defective-products framework for the digital age, including software and AI systems. It applies to products placed on the market or put into service from 9 December 2026. Check the Italian implementing measures, product-release date, supplier role and transition rules before allocating liability.
