- Posted by consulia
- On 22/01/2020
Know how protection
The International environment concerning the technological, industrial and know how sectors has grown so much over the last decades that it is a self standing market just as the “product” one.
In fact many agreements are set up to protect intellectual property, industrial inventions and any kind of technical knowledge; these intangible assets may be transferred by means of licenses, patents and/or know how agreements. It is necessary so as to pinpoint the specific agreement for each case, to assess the actual possibility of transferring the property.
Under Italian law know how is the knowledge an individual, generally an entrepreneur, holds on profitable practices which derive from experience in the specific business sector. Know how is therefore a number of secret and exclusive information and experiences that the entrepreneur uses during the production phase or during the marketing phase of his business. This information which has an economical value will not necessarily be protected by a patent, but will continue to remain secret.
Know how is in any case a protected asset and in accordance with article 2598 of the civil code, any unfair act undertaken by an entrepreneur that directly or indirectly does not comply with the principles of professional correctness and causes damages to another company, will be unlawful. In these specific cases, it is possible for the damaged party to resort to the Court and ask the judge that this conduct be immediately ended by means of an “azione inibitoria”. In the event it is possible to prove that the unlawful conduct was undertaken with guilt, then the claimant will also be able to claim for compensation.
Know how is strongly linked to the entrepreneur, but Italian law also establishes that any employee must not divulge confidential information concerning the productive and organisational sectors of the company that might cause damages to the company itself.
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