Joint Seminars Between AIPPI, Italian Group and The Rome Bar Association on Trade Secrets: Substantive, Procedural, and Ethical Protection

The organization of the two seminar days dedicated to “trade secrets: substantive, procedural, and ethical protection”, jointly by the AIPPI, Italian Group and the Intellectual Property Commission of the Rome Bar Association (the largest in Italy with thirty-two thousand members), has been a resounding success. The events were held inside the historical building of the Supreme Court in Rome on May 20, 2024, and on November 18, 2024, with participants having access both in person and remotely via the Rome Bar Association YouTube channel. Recordings of the two events are available for viewing, for the first event at the following link: https://youtu.be/pT-3mOpsuU0?si=hWdIh2ydLrG_kxF5, and  for the second event at the following link : https://youtu.be/A2_gInMapkI?si=-cX6pY25-hAJmy4b).

During the first seminar day, the analysis of substantive protection of know-how — through the provisions of the Italian Industrial Property Code (“CPI”) and the now subordinated protection against unfair competition — was complemented by a comparative examination with patent protection. This dual approach facilitated the identification of strategic considerations for selecting one form of protection over another, or even both, in the context of trade secrets that possess a technological component. Other presentations were dedicated to the so-called “Socratic method of focusing know-how,” the techniques that allow for the identification and delineation of this asset when conducting a due diligence process with a client. The delineation should be followed by coordinated secrecy measures to ensure that the requirements for access to protection under Article 98 of the CPI are met and maintained over time. A dedicated session was also held to analyze non-disclosure agreements (NDAs). Additional sessions were conducted to delve into the labor law protection afforded to know-how, specifically focusing on the management of knowledge acquired by an employee during their employment relationship and in instances where the employee transitions to another employer.

The second seminar day concentrated on the procedural safeguards for know-how, encompassing both urgent procedures and expert assessments.  A reflective session was also dedicated to criminal protection, addressing safeguards within public contract procurement procedures, facilitative measures for know-how, and the protection of trade secrets in accordance with the Code of Ethics.

Speakers Raffaella Arista, Lorenzo Micacchi, and Andrea Scilletta, members of the Italian Group of AIPPI, shared their professional expertise in the realm of intellectual property. Their presentations were designed to disseminate knowledge in this field among colleagues of the Bar of Rome who may not be specialists, a key objective of AIPPI. Additionally, the two events provided an opportunity for the representatives of the Executive Committee of AIPPI Alessandro Masetti and Raffaella Arista to present to the attendees the history and activities of the Association and to solicit interest from new members in joining the Italian Group.