Recent changes to the Intellectual Property Law in Italy

Important changes occurred in Italy with regard to the regulation of patents, trademarks, trade secrets and other Intellectual Property Rights (collectively referred to as “IPR”) in the period 2018 – 2019. Such changes have been implemented by means of amendments to the Italian IP Code, Legislative decree 10 February 2005, no. 30 (hereinafter referred to as “IP Code”).

  1. Trade secrets

Due to national differences in trade secret laws, the European Union issued the Directive (EU) no. 2016/943 in order to approximate the legislations of the Member States on trade secrets. Italy implemented the provisions of the EU Directive by means of legislative decree 11 May 2018, no. 63.

The legislative decree amended certain provisions on trade secrets of the Italian IP Code.

The main amendments are set out at articles 98 and 99 IP Code. In particular, the added articles 99-bis and 99-ter specify that the acquisition, use or disclosure of trade secrets as well as the production, offer or trade of products which infringe trade secrets are illegal not only if one knew, but also if one ought to know according to the circumstances of the case, that the trade secret had an illicit provenance.

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