La tutela penale del segreto commerciale in Italia. Fra esigenze di adeguamento e possibilità di razionalizzazione

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Abstract

The paper focuses on the Italian criminal provisions regarding trade secret. It aims at analyzing the consistency between the criminal law system (recently reformed by D. Lgs. N. 63/2018) and the modern needs of data-driven economy. D. Lgs. n. 63/2018 modified the structure and the object of protection of art. 623 c.p. and it also filled the gap between the criminal law system and the civil law protection (art. 98 industrial property code). Problems regarding the compatibility of the different forms of protection may arise from this reform, as underlined by the case law of the ECHR too. Notwithstanding the risks related to the overlapping of the two regulations, the paper tries to differentiate the notion of trade secret of the two branches of law in order to demonstrate the need of the criminal protection of trade secret.
Original languageItalian
Pages (from-to)112-128
Number of pages17
JournalDIRITTO PENALE CONTEMPORANEO
Publication statusPublished - 2019

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