ITALY Trends and Developments Contributed by: Giovanni F Casucci, GA-Alliance
tion (C-175/06) the analysis of compatibility between the Italian description and the purposes of this regula - tion, confirming (indirectly) its full consistency. Since then, Italian specialised courts have granted cross- border evidence-gathering measures without difficulty in order to concentrate the determination of the tort and damages within a single dispute. In particular, the above-mentioned approach plays a significant role not only in pure trade secrets cases but also in mixed ones (ie, patents and know-how, soft - ware and know-how, franchising and trade secrets, etc). Avoiding Abusive Enforcement and the Balance of Interests: the Measures in Place The Trade Secrets Directive states that exploitation and abusive and intimidating conduct relating to the exercise of trade secrets law should be avoided, confirming this approach in Article 7 of the Directive, which is titled “Proportionality and Abuse of Process” and sanctions abusive conduct. The Italian Industrial Property Code (CPI) has not expressly implemented such a mandatory rule; never - theless, the general civil procedural measures already consider sanctions against the bad-faith behaviour of one of the parties (Article 96 Civil Procedural Code). Concerning the balance of interest, the implementa - tion of the Trade Secrets Directive (as per Article 13.1 lett (e)) expressly requests the judge to consider the “the legitimate interests of the parties and the impact that the acceptance or rejection of the measures could have for them” (Article 124-6bis lett (e)). Moreover, the alternative measures provided by the Trade Secrets Directive under Art 13.3 were similarly codified in Arti - cle 124-6 ter and quater.
Therefore, the Italian system is properly equipped to adopt serious enforcement measures, applying the “balance of interest” principle immanent for centuries in the juridical system and in the education of judges. Conclusions In light of the above, the author believes that, due to Italy’s primary role regarding trade secrets enforce - ment, any reader should at the very least be curious to deepen their knowledge of the Italian system in this specific field. From a business point of view, Italy should be con - sidered a strategic location for designing a new way to manage litigation efficiently, without the need to multiply litigation between the same parties regarding the same trade secrets and industrial property titles possibly involved. The author hopes that specialised journals and other independent media will take note of this objectively, and begin to respect and take Italian jurisprudential practice seriously, abandoning any stereotypes dic - tated by ignorance.
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