The Government, definitively approved on 8 May 2018, the implementation of Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of confidential know-how and confidential commercial information (trade secrets) against their unlawful acquisition, use and disclosure.
The decree, essentially intervening on the Industrial Property Code (legislative decree 30 of 10 February 2005) and on the provisions of the penal code, implements the directive on the protection of know-how confidential and commercially sensitive information, providing for effective, proportionate and dissuasive criminal and administrative sanctions in the event of the acquisition, use or disclosure of such information.
In particular, the decree expands the existing prohibition on the unlawful acquisition, disclosure, or use of company information and experience, unless obtained independently, by establishing that the use or disclosure of a trade secret is considered unlawful even if a person knew (or, depending on the circumstances, should have known) that the trade secret had been obtained directly or indirectly from a third party who was unlawfully using it.
Furthermore, it is established that the production, offering or marketing of infringing goods or the import, export or storage of infringing goods for such purposes is considered an unlawful use of a trade secret even when the person carrying out such activities knew (or, under the circumstances, should have known) that the trade secret had been used unlawfully.
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