The Patent and Trademark Office of San Marino started working by the end of 1999. A prior bilateral convention (Convention of Friendship and Neighbourhood) between Italy and San Marino holds according to which national industrial property rights acquired in Italy are binding and enforceable in San Marino and vice versa. According to an official agreement on the interpretation of the scope of the Convention of Friendship and Neighbourhood, its provisions relevant to IP shall be interpreted to apply exclusively to usurpation and infringement actions for IP rights relating to industrial inventions, trademarks, industrial designs and models patented or registered in either country through national proceedings (i.e., national patent, trademark or design/model applications filed with either the Italian or San Marino national IP Office). Thus, IP rights obtained in either State through proceedings under international agreements or conventions (e.g., international patent applications under the PCT, European patent validations designating both Italy and San Marino and international trademark registrations) are excluded from mutual recognition..

It is being suggested that seeking national protection in San Marino may prove beneficial in case infringements or counterfeiting of IP rights are to be expected locally, in the hope that their enforcement through local courts may prove prompt, efficient and less expensive than an action based on national Italian IP rights (to the extent that they can be enforced on the basis of bilateral agreements between Italy and the Republic of San Marino). Such expectations have, however, still to be verified on the basis of practical experience.

The Republic of San Marino is not a party to the European Union.