STARTS THE EXAMINATION OF THE DECREE IMPLEMENTING THE EUROPEAN DIRECTIVE ON THE PROTECTION OF CONFIDENTIAL KNOW-HOW AND CONFIDENTIAL COMMERCIAL INFORMATION
At today’s meeting, 27 February 2018, the Senate’s Industry Commission will begin the examination of the cited provision, brought about in implementation of Art. 15 of the European delegation law 2016-2017
The provision that is currently being examined by the Senate’s Industry Committee is the instrument for implementing the Article 15 of the above-mentioned delegation law, which lists the principles and guidelines for implementing Directive 2016/943 of the European Parliament and of the Council on the protection of confidential know-how and confidential commercial information (trade secrets) and aims at combating the phenomena of unlawful acquisition, use and disclosure of such information.
The article referred to above states that, in the exercise of the delegation for the implementation of the Directive, the Government is, in addition to the general principles and guiding criteria set forth in Article 1, paragraph 1 of the European delegation law, (i) to make to the current Industrial Property Code (Legislative Decree 30/2005) the amendments and additions necessary for the correct and complete transposition of Directive (EU) 2016/943, (ii) provide for effective, proportionate and dissuasive criminal and administrative sanctions in the event of the acquisition, use or unlawful disclosure of know-how and confidential commercial information, in such a way as to ensure the effective fulfilment of the obligations provided for by the same directive, as well as (iii) to bring forward all abolishments, amendments and additions to the existing legislation, including those European, in order to ensure compliance with the provisions enacted in implementation of the Article 15 as well as the overall rationalization of the sectoral framework.