La Tutela del segreto industriale e delle informazioni riservate
Vi è una serie di informazioni che non possono essere oggetto di un brevetto o che per scelta del loro titolare non ne sono oggetto, ma che rappresentano, per chi le detiene, un valore economico e per i concorrenti un indubbio vantaggio, se le potessero conoscere.
Tali informazioni, a dispetto di quanto comunemente si ritiene, sono oggi esplicitamente tutelate dal nuovo codice della proprietà industriale.
L’art. 98 del suddetto codice, infatti, afferma che costituiscono oggetto di tutela “le informazioni aziendali e le esperienze tecnico-industriali, comprese quelle commerciali”.
Tale introduzione all’interno del codice della proprietà industriale tra i diritti c.d. non titolati anche del cosiddetto know how rappresenta un enorme passo avanti rispetto al passato. Il know how, infatti, può adesso essere tutelato alla stessa stregua di un marchio o di un brevetto, beneficiando così non più solo della tutela offerta dalle norme sulla concorrenza sleale.
L’abuso del segreto aziendale non è più, dunque, solamente un semplice fatto lesivo della lealtà della concorrenza ma è la lesione di un diritto, come tale sanzionabile erga omnes.
Ma cosa si intende per informazioni aziendali ed esperienze tecnico-industriali?
Tra le informazioni tecniche vengono fatte rientrare in generale le informazioni brevettabili –ma non brevettate per scelta del titolare del dritto al brevetto- e quelle non brevettabili in quanto sprovviste dei requisiti per la brevettazione ( ad esempio, molte delle conoscenze richieste per produrre un bene, o per attuare/migliorare un processo produttivo od un prodotto).
Le informazioni aziendali, invece, per loro natura escluse dall’oggetto del brevetto, attengono all’organizzazione dell’impresa e possono avere natura finanziaria (quanto costa produrre quel bene, dove reperire la risorsa a minor prezzo); commerciale (elenco clienti, fornitori, modifiche in relazione alle richieste dei clienti, relazioni, studi interni, tabelle, schede); di marketing (informazioni strategiche che caratterizzano l’azienda rispetto ai concorrenti); o strategica (quando, con che modalità ed a che prezzo conviene concedere licenze per accedere ad un determinato mercato).
Ne discende che, a questa stregua, ben potranno trovare tutela: relazioni, comunicazioni anche interne, studi di settore, disegni, schede tecniche e quant’altro rappresenti un patrimonio di utilità aziendale.
Occorre, tuttavia, precisare che affinché tali informazioni siano proteggibili, è necessario che siano segrete, nel senso che “non siano nel loro insieme, o nella precisa configurazione e combinazione dei loro elementi, generalmente note o facilmente accessibili agli esperti ed agli operatori del settore”; che “abbiano valore economico in quanto segrete”; e che “siano sottoposte, da parte delle persone al cui legittimo controllo sono soggette, a misure adeguate a mantenerle segrete”.
Inoltre, non è necessario che le suddette informazioni siano singolarmente non note e non conosciute: è necessario, invece, che l’insieme organico di dette informazioni sia, in quanto tale, frutto di un’elaborazione propria dell’azienda, con la conseguenza di acquisire così un valore economico aggiuntivo rispetto ai singoli elementi che lo compongono.
Si pensi, ad esempio, ad una complessa strategia per lanciare un prodotto sul mercato: i singoli elementi che a compongono sono senz’altro note agli operatori del settore ma l’insieme può essere stato ideato in modo tale da rappresentare un qualcosa di nuovo ed originale, e come tale un vero e proprio hatù dal punto di vista concorrenziale per l’ideatore.
Il segreto, in altri termini, è, dunque, la leva attraverso cui proteggere i propri valori organizzativi e di avviamento che trovano, per l’appunto, nel segreto stesso il loro punto di forza. Ed ecco perché il know how per essere proteggibile non deve essere accessibile a tutti: se si diffonde si “volgarizza” e perde valore.
L’adozione delle misure più idonee a proteggerlo costituisce perciò il presupposto logico dell’abusività della sottrazione da parte di un terzo: non si abusa, infatti, se non di qualcosa sottoposto a misure per la sua salvaguardia.
Tali misure dovranno essere tanto rivolte verso “l’interno” che verso l’”esterno”, volendo con ciò riferirsi alle precauzioni da adottare tanto nei confronti dei propri dipendenti o collaboratori, quanto nei confronti dei terzi in generale (come ad esempio i fornitori).
Avv. Alessandra Fiumara
17 Febbraio 2020- Tutti i diritti riservati
Lovely just what I was searching for.Thanks to the author for taking his clock time on this one.
As a Newbie, I am continuously browsing online for articles that can aid me. Thank you
I’ve been surfing on-line more than three hours these days, yet I never discovered any interesting article like yours. It’s lovely worth sufficient for me. Personally, if all website owners and bloggers made good content as you probably did, the net can be much more useful than ever before.
I am curious to find out what blog system you’re working with? I’m having some minor security issues with my latest website and I’d like to find something more secure. Do you have any suggestions?
I’ve been absent for some time, but now I remember why I used to love this site. Thanks, I will try and check back more often. How frequently you update your website?
I have recently started a web site, the info you offer on this site has helped me greatly. Thanks for all of your time & work. “Patriotism is often an arbitrary veneration of real estate above principles.” by George Jean Nathan.
Nice post. I learn something new and challenging on sites I stumbleupon everyday.
It will always be useful to read through content from other writers and use a little something from other websites.
I do agree with all the ideas you have presented in your post. They’re really convincing and will certainly work. Still, the posts are too short for starters. Could you please extend them a little from next time? Thanks for the post.
I am really impressed with your writing skills as well as with the layout on your weblog. Is this a paid theme or did you modify it yourself? Anyway keep up the nice quality writing, it’s rare to see a nice blog like this one these days..
naturally like your web site however you have to check the spelling on quite a few of your posts. Many of them are rife with spelling issues and I find it very troublesome to inform the truth on the other hand I’ll definitely come again again.
You really make it appear so easy along with your presentation but I find this topic to be actually something that I feel I might by no means understand. It kind of feels too complicated and extremely wide for me. I am looking ahead to your next put up, I will try to get the dangle of it!
Itís difficult to find educated people about this subject, but you sound like you know what youíre talking about! Thanks
Itís difficult to find educated people about this subject, but you sound like you know what youíre talking about! Thanks
Hi there! I just would like to give a huge thumbs up for the great information you have right here on this post. I shall be coming again to your blog for extra soon.
hello there and thank you for your information – I’ve definitely picked up anything new from right here. I did however expertise a few technical points using this web site, as I experienced to reload the web site many times previous to I could get it to load correctly. I had been wondering if your hosting is OK? Not that I am complaining, but slow loading instances times will often affect your placement in google and can damage your high quality score if advertising and marketing with Adwords. Well I’m adding this RSS to my e-mail and can look out for a lot more of your respective interesting content. Ensure that you update this again very soon..
With havin so much content and articles do you ever run into any problems of plagorism or copyright infringement? My website has a lot of unique content I’ve either authored myself or outsourced but it looks like a lot of it is popping it up all over the internet without my authorization. Do you know any ways to help reduce content from being ripped off? I’d genuinely appreciate it.
My brother recommended I might like this blog. He was once entirely
right. This submit actually made my day. You cann’t consider simply how so much time I
had spent for this information! Thank you!
I don’t know if it’s just me or if everybody else encountering issues with your blog.
It seems like some of the written text within your content are
running off the screen. Can somebody else
please provide feedback and let me know if this is happening to them as well?
This might be a issue with my browser because I’ve had this happen before.
Kudos
I have read several excellent stuff here. Definitely value bookmarking for revisiting.
I surprise how much effort you set to create any such great
informative website.
I’ve been absent for a while, but now I remember why I used to love this site. Thanks , I¦ll try and check back more often. How frequently you update your web site?
My brother recommended I might like this web site. He was totally right. This post truly made my day. You cann’t imagine just how much time I had spent for this information! Thanks!
I’ll right away clutch your rss as I can’t in finding your email subscription link or e-newsletter service. Do you have any? Kindly allow me recognize in order that I may just subscribe. Thanks.
Thank you for the auspicious writeup. It in fact was a amusement account it.
Look advanced to far added agreeable from you!
However, how could we communicate?
I absolutely love your blog and find nearly all of your
post’s to be exactly I’m looking for. can you offer guest writers to
write content available for you? I wouldn’t mind publishing a post or elaborating on a few
of the subjects you write about here. Again, awesome web log!
We’re a group of volunteers and opening a new scheme in our community. Your site offered us with valuable information to work on. You’ve done an impressive job and our whole community will be thankful to you.
I’m extremely impressed along with your writing abilities as neatly as with the structure in your weblog. Is this a paid subject or did you customize it your self? Anyway stay up the excellent high quality writing, it’s uncommon to see a great blog like this one these days..
I think you have observed some very interesting details, appreciate it for the post.
Very interesting details you have noted, thanks for posting.
Fantastic goods from you, man. I’ve remember your stuff previous to and you’re simply too fantastic. I actually like what you’ve bought right here, really like what you’re stating and the way during which you are saying it. You make it enjoyable and you continue to take care of to stay it wise. I can’t wait to read much more from you. That is actually a terrific site.
Some truly choice blog posts on this internet site, bookmarked.
The following time I learn a weblog, I hope that it doesnt disappoint me as much as this one. I imply, I do know it was my option to learn, however I actually thought youd have one thing interesting to say. All I hear is a bunch of whining about one thing that you could repair when you werent too busy in search of attention.
Hi superb blog! Does running a blog similar to
this take a large amount of work? I have absolutely no
knowledge of computer programming however I
had been hoping to start my own blog in the near future.
Anyhow, if you have any ideas or techniques for new blog owners please share.
I know this is off subject nevertheless I just needed to
ask. Thanks!
There’s certainly a lot to find out about this topic. I love all of the points you made.
You are my aspiration, I have few blogs and often run out from to post : (.
I’m impressed, I have to admit. Rarely do I encounter a blog that’s both educative and amusing, and without a doubt, you have hit the nail on the head.
The problem is something too few men and women are speaking intelligently about.
I’m very happy I came across this in my search for something regarding this.
Yeah bookmaking this wasn’t a bad decision outstanding post! .
I am always looking online for ideas that can benefit me. Thanks!
I have read some just right stuff here. Certainly value bookmarking for revisiting. I surprise how much effort you put to make this sort of excellent informative site.
I want to get across my appreciation for your generosity in support of all those that must have assistance with this one idea. Your special dedication to getting the message around appears to be certainly practical and have in most cases helped somebody just like me to get to their dreams. Your entire helpful report can mean a whole lot a person like me and still more to my office colleagues. Thanks a lot; from each one of us.
What i don’t understood is actually how you’re now not actually a lot more well-favored than you may be now. You are so intelligent. You already know thus considerably when it comes to this topic, made me for my part believe it from a lot of varied angles. Its like men and women don’t seem to be involved until it?¦s one thing to accomplish with Girl gaga! Your own stuffs outstanding. Always care for it up!
Aw, this was a very nice post. In concept I wish to put in writing like this additionally – taking time and precise effort to make a very good article… but what can I say… I procrastinate alot and in no way seem to get one thing done.
You have noted very interesting details! ps decent site.
Great ?V I should definitely pronounce, impressed with your web site. I had no trouble navigating through all the tabs as well as related information ended up being truly simple to do to access. I recently found what I hoped for before you know it in the least. Quite unusual. Is likely to appreciate it for those who add forums or something, web site theme . a tones way for your customer to communicate. Excellent task..
I simply could not leave your site before suggesting that I extremely loved the standard information an individual supply on your visitors? Is gonna be back steadily in order to investigate cross-check new posts
Perfectly written subject material, appreciate it for information. “No human thing is of serious importance.” by Plato.
I am continuously invstigating online for posts that can help me. Thank you!
I am now not certain where you are getting your info, but good topic. I needs to spend a while finding out more or figuring out more. Thank you for excellent info I used to be looking for this information for my mission.
My brother suggested I might like this website. He was entirely right. This post truly made my day. You cann’t imagine just how much time I had spent for this information! Thanks!
Real clean web site, regards for this post.
F*ckin’ remarkable things here. I’m very glad to look your post. Thank you a lot and i’m having a look forward to contact you. Will you kindly drop me a e-mail?
Its like you read my mind! You seem to know so much about this, like you wrote the book in it or something. I think that you can do with a few pics to drive the message home a little bit, but other than that, this is excellent blog. An excellent read. I will certainly be back.
Some truly wonderful information, Gladiola I noticed this.
Needed to draft you that little remark in order to thank you very much again for these extraordinary pointers you have provided in this article. It’s so shockingly open-handed with you to grant freely just what many individuals would have offered for an ebook to make some profit on their own, specifically considering that you might have done it in case you desired. The pointers likewise worked to provide a fantastic way to know that someone else have similar keenness just like my very own to learn way more with regard to this issue. I know there are lots of more pleasurable situations up front for many who find out your website.
Loving the information on this web site, you have done outstanding job on the posts.
Thanks for the sensible critique. Me and my neighbor were just preparing to do a little research about this. We got a grab a book from our area library but I think I learned more clear from this post. I am very glad to see such great info being shared freely out there.
I loved as much as you’ll receive carried out right here. The sketch is tasteful, your authored material stylish. nonetheless, you command get got an nervousness over that you wish be delivering the following. unwell unquestionably come more formerly again as exactly the same nearly a lot often inside case you shield this hike.
Really great info can be found on weblog.
I got what you intend,saved to fav, very nice internet site.
After I initially commented I clicked the -Notify me when new feedback are added- checkbox and now each time a comment is added I get 4 emails with the identical comment. Is there any manner you’ll be able to remove me from that service? Thanks!
Very good blog you have here but I was wondering if you knew of any message boards that cover the same topics discussed here? I’d really like to be a part of group where I can get feedback from other experienced individuals that share the same interest. If you have any recommendations, please let me know. Thank you!
You are my inhalation, I own few blogs and very sporadically run out from to post : (.
Good day very cool blog!! Guy .. Beautiful .. Superb .. I’ll bookmark your site and take the feeds also…I’m glad to search out a lot of helpful information right here in the post, we need develop extra techniques in this regard, thanks for sharing.
Great line up. We will be linking to this great article on our site. Keep up the good writing.
I enjoy your work, thankyou for all the great content.
Thank you for sharing with us, I think this website really stands out : D.
You have mentioned very interesting points! ps decent internet site.
Great write-up, I’m regular visitor of one’s blog, maintain up the nice operate, and It’s going to be a regular visitor for a lengthy time.
I have been exploring for a little bit for any high-quality articles or weblog posts on this sort of house . Exploring in Yahoo I eventually stumbled upon this website. Reading this info So i am satisfied to show that I have a very excellent uncanny feeling I found out exactly what I needed. I such a lot surely will make certain to don’t put out of your mind this site and provides it a look on a relentless basis.
I keep listening to the news bulletin talk about getting free online grant applications so I have been looking around for the best site to get one. Could you advise me please, where could i find some?
you have a great blog here! would you like to make some invite posts on my blog?
I’m still learning from you, but I’m making my way to the top as well. I absolutely enjoy reading all that is written on your website.Keep the stories coming. I liked it!
Hello There. I found your blog using msn. This is an extremely well written article. I’ll make sure to bookmark it and come back to read more of your useful info. Thanks for the post. I’ll certainly comeback.
Do you have a spam problem on this blog; I also am a blogger, and I was wanting to know your situation; we have created some nice procedures and we are looking to trade solutions with others, please shoot me an email if interested.
fantastic submit, very informative. I wonder why the opposite experts of this sector don’t notice this. You must continue your writing. I am confident, you’ve a huge readers’ base already!
I’ve been exploring for a little for any high quality articles or blog posts on this kind of area . Exploring in Yahoo I at last stumbled upon this site. Reading this info So i am happy to convey that I’ve an incredibly good uncanny feeling I discovered just what I needed. I most certainly will make sure to do not forget this web site and give it a glance regularly.
Good write-up, I am normal visitor of one’s website, maintain up the nice operate, and It is going to be a regular visitor for a long time.
There are some interesting time limits on this article but I don’t know if I see all of them middle to heart. There’s some validity however I’ll take hold opinion until I look into it further. Good article , thanks and we want more! Added to FeedBurner as well
Pretty section of content. I simply stumbled upon your blog and in accession capital to assert that I get actually enjoyed account your weblog posts. Anyway I’ll be subscribing for your augment and even I achievement you get right of entry to constantly quickly.
I loved as much as you will receive carried out right here. The sketch is tasteful, your authored subject matter stylish. nonetheless, you command get got an edginess over that you wish be delivering the following. unwell unquestionably come further formerly again as exactly the same nearly a lot often inside case you shield this hike.
I am delighted that I discovered this web blog, exactly the right info that I was looking for! .
Hello my family member! I wish to say that this article is awesome, nice written and include almost all vital infos. I’d like to see more posts like this.
I and also my pals were actually checking the great helpful tips found on your web page and so instantly got a horrible suspicion I never expressed respect to the site owner for those secrets. Most of the young boys ended up consequently happy to read them and now have in fact been taking advantage of them. I appreciate you for genuinely indeed considerate and for going for these kinds of decent areas millions of individuals are really wanting to understand about. My sincere apologies for not expressing appreciation to you earlier.
WONDERFUL Post.thanks for share..more wait .. …
hi!,I like your writing very much! share we keep in touch more approximately your article on AOL? I need a specialist in this house to resolve my problem. May be that is you! Looking ahead to look you.
Woh I like your posts, bookmarked! .
You completed a number of nice points there. I did a search on the matter and found a good number of people will have the same opinion with your blog.
My coder is trying to persuade me to move to .net from PHP. I have always disliked the idea because of the expenses. But he’s tryiong none the less. I’ve been using Movable-type on several websites for about a year and am anxious about switching to another platform. I have heard good things about blogengine.net. Is there a way I can transfer all my wordpress content into it? Any kind of help would be really appreciated!
Hello! This is my first visit to your blog! We are a group of volunteers and starting a new initiative in a community in the same niche. Your blog provided us valuable information to work on. You have done a marvellous job!
I needed to put you one tiny observation in order to give many thanks once again considering the unique things you’ve discussed here. It is surprisingly open-handed with you to offer freely what exactly some people could possibly have advertised as an electronic book in making some profit on their own, primarily considering the fact that you could possibly have tried it if you ever wanted. Those ideas likewise acted to be the good way to be aware that many people have similar zeal just as my personal own to see somewhat more pertaining to this condition. I’m certain there are lots of more pleasurable moments up front for those who read through your blog.
Very soon this web site will be famous among all blogging and site-building visitors,
due to it’s fastidious articles or reviews
Thank you for some other informative site. The place else may I am getting that kind of info written in such a perfect manner? I’ve a undertaking that I am simply now working on, and I’ve been on the look out for such information.
Generally I don’t read post on blogs, but I would like to say that this write-up very compelled me to check out and do it! Your writing taste has been surprised me. Thanks, quite nice article.
As I site possessor I believe the content matter here is rattling fantastic , appreciate it for your hard work. You should keep it up forever! Best of luck.
Thanks , I have just been searching for information approximately this topic for a while and yours is the greatest I’ve came upon so far. However, what in regards to the bottom line? Are you certain concerning the supply?
Very interesting subject, appreciate it for posting.
Howdy! This post could not be written much better! Looking through
this article reminds me of my previous roommate! He constantly
kept preaching about this. I will send this information to him.
Pretty sure he’ll have a very good read. Thank you for sharing!
What¦s Happening i’m new to this, I stumbled upon this I’ve discovered It absolutely useful and it has helped me out loads. I am hoping to contribute & aid other users like its aided me. Great job.
It’s actually a nice and useful piece of info. I’m glad that you shared this useful information with us. Please keep us informed like this. Thanks for sharing.
I got this web page from my friend who told me on the topic of this
website and now this time I am browsing this site and reading very informative articles here.