Trade Secrets Law in Italy
Here’s an overview of the Trade Secrets Law in Italy:
🇮🇹 Trade Secrets Law in Italy
1. Legal Framework
Italy’s trade secrets protection is primarily governed by:
Law No. 120 of July 11, 2017, which implemented EU Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets).
Italian Industrial Property Code (Codice della Proprietà Industriale).
Italy is a party to international treaties including the TRIPS Agreement, the Paris Convention, and is a member of WIPO.
2. Definition of Trade Secrets
Under Italian law, a trade secret is any information that:
Is secret, meaning it is not generally known or easily accessible to people normally involved in the sector.
Has commercial value because it is secret.
Has been subject to reasonable measures by the holder to keep it confidential.
This can include technical data, manufacturing processes, customer lists, business strategies, formulas, etc.
3. Protection Mechanisms
Trade secrets are protected against:
Acquisition, use, or disclosure without consent in breach of confidentiality.
Unlawful appropriation through theft, bribery, breach of contract, or unfair competition.
Protection applies to employees, contractors, and third parties.
4. Enforcement and Remedies
Remedies available include:
Injunctions to stop use or disclosure.
Damages for losses suffered.
Seizure and destruction of infringing goods or materials.
Courts assess whether reasonable steps were taken to keep the information secret.
Criminal penalties may apply for theft or industrial espionage under the Italian Penal Code.
5. Practical Advice
Use Non-Disclosure Agreements (NDAs) and confidentiality clauses in contracts.
Implement security policies to protect sensitive information.
Document all efforts to maintain secrecy, as this is crucial in enforcement.
6. International Context
Italy’s law aligns with EU standards and international treaties, ensuring protection for trade secrets across the EU and beyond.
Italian courts cooperate with EU and international bodies on IP enforcement.
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