II. SECRET RECIPES AND TRADE SECRETS Starting with the analysis of the second scenario, which is certainly simpler in its legal construction, it is useful to remember that the secrecy of recipes does not only concern famous products of big industries, such as the well-known example of the Coca-Cola recipe or the secret mix for flavouring KFC’s fried chicken. Even high-quality products from small shops or bakeries can rely on recipe secrecy for their success. We may consider, for example, two famous Piedmontese cakes: the Torta 900 from Ivrea and the Torta Zurigo from Pinerolo, products of excellence from two local bakeries. Secret recipes for gastronomic products are therefore protected as trade secrets under Articles 98 and 99 of the Italian Industrial Property Code, which provide for the definition and the relevant protection requirements: “Trade secrets are business information and technical-industrial experience, including commercial secrets, subject to the legitimate control of the holder, provided that such information (a) is secret in the sense that it is not, as a whole or in the precise configuration and combination of its elements, generally known or readily accessible to experts and professionals (b) has economic value as being secret (c) is subject to measures reasonably appropriate to maintain its secrecy”. The secrecy of a recipe includes production techniques, i.e. preparation methods, the combination and quantity of ingredients and, in some cases, the ingredients themselves (except when labelling is mandatory). As clearly indicated by the abovementioned regulation, the object of the secret must be something generally unknown or inaccessible to experts and therefore a genuine innovation in the field of gastronomy. Moreover, the protection is subject to the existence of adequate internal measures, aimed at maintaining the secrecy of the recipe. For example, in the case of a bakery, the secret recipe for a cake is generally known exclusively by the owner of the pastry shop. Disclosing the recipe to employees, without having confidentiality obligations, jeopardises the security of maintaining secrecy. This is certainly the most delicate and fragile aspect of trade secrets. If the secret, in our case the recipe, becomes known to the public in any way, even due to the fraudulent behaviour of an employee, the competitive advantage derived from secrecy is lost forever. Damages award may be obtained from those who, bound by secrecy obligations, have unduly disclosed confidential information; however, once secrecy has been breached, competitors can access the wealth of knowledge once jealously guarded by the owner of the recipe. The protection of trade secrets 211 PROTECTION OF RECIPES AND TASTE UNDER ITALIAN LAW
RkJQdWJsaXNoZXIy MTE4NzM5Nw==