Patent box: facilitation to all type of marks- en

The decree Investments, named patent box, provides the extension of the patent box regime to all types of marks.

In particular, the measure removes the restriction that currently sees the trade marks subsidized only if functionally equivalent to patents, thus extending it to all brands.

This extension is to be welcomed, but there are, however, numerous elements of uncertainty that still characterize the provision in question, given the absence of implementing provisions.

The key innovation for businesses: As is known, the stability law for 2015 has introduced into our legal system an optional system of preferential taxation of income derived from the use of some types of intangible assets, achieved by companies and business entities that perform research and development.

The new regime, with effect from 1 January 2015, allows the companies concerned to benefit exclusion from the tax base of income tax and IRAP of a share (50% from 2017), the income derived from 'indirect use of intellectual property, trademarks and patents. For the first two tax years (2015 and 2016), the measure of the incentive is reduced, the tax relief being provided a share of income amounted respectively to 30 and 40%.

The option is valid for five years and is irrevocable.