On 22 June 2018 the Legislative Decree 11 May 2018 n. 63 shall enter into force \u00a0\u00a0implementing the EU Directive no. 2016\/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure and published on the Official Gazzette n. 130 of 7 June 2018.<\/p>\n
From this regulation some of the rules of the Industrial Property Code have been amended: in articles 1 and 2, \u00a0the wording \u201cconfidential information<\/em>\u201d is replaced by \u201cconfidential trade secrets\u201d <\/em>in order to understand the particolar case among the ones protected as industrial property; the same definition \u201ctrade secrets<\/em>\u201d replaces the wording \u201cconfidential information<\/em>\u201d.<\/p>\n Paragraph 1 of article 98 (object of \u00a0protection) is amended in its entirety; numbers 1bis, 1ter and 1quater have been added to art. 99 (Protection); art. 121ter (Preservation of confidentiality of trade secrets in the course of legal proceedings) has been added to art. 121bis (right of information); paragraphs 6bis, 6ter, 6quater relating specifically to \u201ctrade secrets\u201d <\/em>have been added to art. 124 (Corrective measures and civil sanctions); amendments to paragraph 1 of art. 126 (publication of the judgment) adding numbers 1bis and 1ter with the specific disposition of the measures to be taken when \u201ctrade secrets<\/em>\u201d are involved; paragraphs 5bis, 5ter and 5quater\u00a0 to regulate the hypothesis of protection of \u201ctrade secrets<\/em>\u201d have been added\u00a0 to art. 132 (Anticipation of precautionary protection and relationships between the precautionary proceedings and the proceedings on the merits).<\/p>\n Leglislative Decree 11 May 2018 n. 63 amends also art. 388 (willful failure to comply with a judicial order) and article 623 (Disclosure of scientific and commercial secrets) of the Criminal Code.<\/p>\n As to art. 388 of the Criminal Code, the provisions is added whereby the subject who evades a judicial order that prescribes prohibitory or remedial measures to protect intellectual property rights, and also the consequences to whoever, being forced to confidentiality by an express judicial order issued in proceedings relating to intellectual property rights, violates such order.<\/p>\n It amends art. 623 of the Criminal Code in its entirety, it provides besides the replacement of the wording \u201ctrade secrets<\/em>\u201d (in the heading and in the text) with \u201ccommercial secrets\u201d<\/em>, the provision of an aggravating circumstance if committed through the use of IT tools.<\/p>\n <\/p>\n","protected":false},"excerpt":{"rendered":" On 22 June 2018 the Legislative Decree 11 May 2018 n. 63 shall enter into force \u00a0\u00a0implementing the EU Directive no. 2016\/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure and published on the Official Gazzette n. 130 of 7 June 2018. From this regulation […]<\/p>\n","protected":false},"author":6,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":""},"categories":[32],"tags":[],"yoast_head":"\n