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With reference to articles 13 and 44 of the Code of Marketing Communication Self-Regulation, future communication campaigns can be protected through the prior disclosure of an isolated message. This requires that the essential creative elements of the idea be briefly but accurately described, if necessary with pictures, then filed and published as set out below:
1) The applicant shall:
a) fill in the on-line "Pre-emption form", indicating the creative elements for which protection is sought;
b) at the same time, also fill in the "Request to file" form and forward it by email to the IAP, enclosing evidence of payment of the relevant fees.
Both documents can be downloaded from the IAP website at www.iap.it: click on "Procedure for safeguarding future campaigns".
2) The creative elements to be protected must be contained in a single advertisement for products or services whose names need not be specified; naming the company is also optional. However, if such information is not provided, the name of the advertising agency or consultant must be indicated.
3) Pre-emption rights become effective as soon as the IAP has received the complete and correct application form as per point 1) above; the rights are registered by the IAP Secretariat and are valid for 18 months against parties subject to compliance with the Code who are deemed to have imitated the advertisement covered by protection in any medium.
4) All filings may be viewed at the Institute's offices and are published as quickly as possible, for consultation purposes only, on the IAP website – "Advertisements filed for the protection of future campaigns" (in Italian: Elenco depositi a tutela di future campagne).
5) No filings are published when the Institute's offices are closed, however pre-emption rights are still acquired provided that applications are filed as per point 1) above.