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Amendments to Trademark Laws

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Sep 06, 2018 (Newsletter Issue 15/18)
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Trade Secrets Directive in Force

The Italian Legislative Decree 63 of May 11, 2018, implementing EU Directive 2016/943 on trade secrets, entered into force on June 22, 2018.

Some changes are the following:
- The protection has been increased. The acquisition, use or disclosure of a trade secret is now unlawful if the recipient knew, or should have known, that it had been obtained from someone who was using/disclosing it unlawfully.
- All rights and actions concerning the protection of trade secrets now have a prescriptive period of five years.
- Judges will have the possibility of restricting access to documentation containing trade secrets as well as restricting the number of people allowed to attend hearings.
- The judge must balance the opposing interests and take into account the specific circumstances of the case, including public interest.