News
Know-how, patentability and disclosure of industrial secrets.
- 31/08/2020
The Supreme Court, with decision no. 16975/2020, reiterated that for the purposes of configuring the crime of disclosure of industrial secrets, the existence of the conditions for patentability is not necessary, pursuant to art. 2585 of the Italian Civil Code, of the discovery or application revealed, since the "industrial secret" understood in a broad sense must be considered the object of the criminal protection of the crime in question, or "that set of confidential knowledge and particular modus operandi capable of guaranteeing the reduction to minimum of design and implementation errors and therefore the compression of production times. "The company know-how is included in the field of application of the standard as it can be traced back to the flexible notion of" industrial application "(today similar to the expression" trade secret ", according to what is expressly stated by Legislative Decree no. 63 of 2018, art. 9, paragraph 3), including - according to a well-known and widespread opinion - of all the innovations and measures that" contribute, however, to the improvement and increase of production ", even if they lack the requisites required for their patenting.
NEWS
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The Contracting Authority enjoys wide discretion in the evaluation of technical offers
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