Trade Secrets in Italy: Criminal and Civil Perspective (Italian Supreme Court, Criminal Division, judgment No. 488895, issued on 20 September 2018)

摘要

This judgment is one of the most recent examples (at the date of submission of this comment) of how the Italian system protects, with critical difference, trade secrets under Criminal and Civil Law. Well before the entry into force of Trade Secrets Directive 2016/943 (transposed in Italy with the Legislative Decree No.63 of 11 May 2018) Italy had both criminal and civil rules on protection for know-how (art.623 of the Criminal Code and arts 98 and 99 of the Industrial Property Code). This case shows the difference in the concept of trade secrets according to the criminal and civil rules. This difference has a certain impact on the granted protection.