Italy – Patent and copyright consultancy services – Procedura aperta sopra soglia comunitaria, ai sensi dell'art. 71 del d.lgs. n. 36/2023, articolata un unico lotto, per l'affidamento dei servizi relativi alla tutela del portafoglio marchi Rai.

The services subject to the contract consist of support, assistance and representation for the establishment, acquisition, modification or termination of the registered trademarks owned by Rai (currently approximately 540) and those that will become part of the heritage and are articulated as follows: i) Continuous services (provided with a deferred quarterly fee): activities of surveillance and monitoring of Rai trademarks not included in the activities of D.M. 194/2024; ii) Specialist professional services "on request" (paid on a monthly basis, detailed in the technical specification). The tender documents will contain the following provisions: Pursuant to Article 120, paragraph 1, letter a) of the Code, if the contractual amount should not be exhausted at the expiry of the contractual duration, the duration of the contract may be extended for the time necessary to use the entire contractual amount; Pursuant to Article 120, paragraph 1, letter a) of the Code, Rai reserves the right to request the contractor, during the duration of the contract, in case of unforeseen needs that determine a decrease in the demand for services, a reduction in the services, on equal terms, for an amount up to one-fifth of the contractual consideration, also pursuant to Article 120, paragraph 9, of the Code; in such a case the contractor may not invoke the right to terminate the contract. Pursuant to Article 120, paragraph 1, letter a) of the Code, Rai reserves the right to modify, if necessary during the contractual period, the dimensional capacity of each contractual item. In particular, Rai, depending on specific needs, due to the greater use of one contractual item than another, may reduce the less used item in favour of the increase of the more used item, subject to the overall value of the Contract. In exceptional cases, if the conditions indicated in Article 120, paragraph 11 of the Code occur, the duration of the Contract (if extended as a result of the exercise of the option and/or pursuant to Article 120, paragraph 1, letter a) as above provided), still in execution, may be extended for the strictly necessary time to conclude the procedure for the identification of the new contractor. In such a case the contractor will be obliged to carry out the services subject to the contract at the same prices, terms and conditions provided for in the contract. Rai will enter into a Contract with the successful tenderer for a duration of 36 months from the date of signature, as a result of which the contractor will undertake to carry out the services subject to the contract, in accordance with the technical specifications subject to the Technical Specification, as well as the technical offer presented in the tender.