Table of contents The protection of trade secrets in Italy: evolution of the law The current situation/1: articles 98-99 of the Intellectual Property Code The current situation/2: trade secrets and the law of Unfair Competition The current situation/3: trade secrets and Competition Law Criminal offences.

The protection of trade secret in Italy: evolution of the law The protection of trade secrets in Italy: evolution of the law The current situation/1: articles 98-99 of the Intellectual Property Code The current situation/2: trade secrets and the law of unfair competition The current situation/3: trade secrets and competition law Criminal offences. In the beginning of Italian IP law trade secrets were not specifically protected (except on the criminal side, see below). The protection of trade secrets was however ensured within the boundaries of the protection against unfair competition: Article 2598, no. 3, of the Italian Civil Code: “…acts of unfair competition are performed by whoever: …3) avails himself directly or indirectly of any other means which do not conform with the principles of honest commercial practices and are likely to injure another’s business” (unofficial translation).

The protection of trade secret in Italy: evolution of the law The acquisition and use of trade secrets is considered by the Courts as a typical act of unfair competition. A typical example is the acquisition and use of secrets by ex-employees. Industrial espionage is also included, but very rarely litigated. The protection of trade secrets through unfair competition rules is limited: The protection of trade secrets in Italy: evolution of the law The current situation/1: articles 98-99 of the Intellectual Property Code The current situation/2: trade secrets and the law of unfair competition The current situation/3: trade secrets and competition law Criminal offences. protection is relative, not absolute: requires a competitive relationship between violator and victim; requires the acquisition or use of secrets in a manner contrary to fair competitive practices.

Thank you Alessandra Stabilini alessandra.stabilini@nctm.it

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