Category Archives: Patents & Inventions

What does the guideline (EU) 2016/943 on know-how provide?

As described in the last articles, the guideline (EU) 2016/943 8 June 2016 of the European Parliament and Council – which must be acknowledged by the Member States within next 9 June – has provided for a common framework on the protection of know-how and confidential trade information (trade secrets). The guideline is further described […]

The Fair Premium And The Alleged Nullity Of The Industrial Property Right – Judgement 1031/2009

On 23.11.2012 the Court of Turin issued an important judgement on the correct attribution of the fair premium in the field of patents, according to Art. 64 of the Industrial Property Code. According to the Art. 64.2 IPC, the fair premium is provided for the subject who carries out an invention in the fulfillment of […]

The protection of Know-How in Italy

The last article dealt with the object of know-how. Now, we have to analyze what is the protection of secret information. Article 99 of Industrial Property Code (IPC) – subject to the law of unfair competition – gives the rightful holder of company information and experience the right to prohibit third parties, except for its […]

Reimbursement of the damage without its proof

The Court of cassation with judgement 20716 of September 4, 2017 faced the thorny topic of the reimbursement of a damage caused by a patent counterfeiting reaffirming some important principles. In the case at hand, an Italian company- accused of having counterfeited the patent of a German undertaking – was condemned to reimburse the damage […]