Italy: Legislative Decree No. 63 of May 11, 2018, on the Implementation of Directive (EU) 2016/943 [...]

June 22, 2018

Italy: The Legislative Decree No. 63 of May 11, 2018, on the Implementation of Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure ("the Directive") entered into force on June 22, 2018.

The Legislative Decree amends the Industrial Property Code and the Penal Code, in order to implement the Directive and transpose it into the national law regarding the protection against misappropriation of trade secrets at EU level. It provides the following amendments, inter alia: (i) replacement of the notion of "confidential business information" by "trade secrets" and introducing a new definition of "trade secrets"; (ii) taking legal actions against the unlawful acquisition, use and disclosure of trade secrets regardless of intent; (iii) protecting the confidentiality of trade secrets in the course of judicial proceedings; (iv) imposing corrective measures and civil sanctions to enforce trade secrets, including injunctions, seizure, recall, etc., and pecuniary compensation for damages; (v) applying sanctions up to three years or a fine to whomever is bound to confidentiality by an express order by the Court during the judicial proceedings; and (vi) increase of the penalty for the disclosure of trade secrets committed via IT instruments.