In May there were two important innovations in terms of protection of know-how: one legislative and the other jurisprudential.
Infact, on 8 May 2018, the Council of Ministers has definitively approved the Legislative Decree which implements the EU Directive n. 2016/943 on the protection of know-how and confidential business information (trade secrets) against their unlawful acquisition, use and disclosure. The Bill which is comprised of 10 articles, modifies the Industrial Property Code, as well as art. 623 of the Criminal Code.
Again on the subject of protection of know-how there is also an interesting decision by the Supreme Court n. 11256 of 10 May 2018. The judges of the Supreme Court have ruled that know-how does not consitute an essential element to conclude a commercial affiliation (or franchise) agreement. Infact, art. 1 of Law n. 129/2004 states that a commercial affiliation contract has to grant to the affiliate the right to use a set of industrial or IP rights without this having to cover cumulatively all the rights and aspects listed by the law. Therefore ‘a franchise contract may also not include a clause concerning the transmission of the know-how from the franchisor to the franchisee’.