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216C H A P T E R X I IIn this respect it should be emphasized that even though sometimes the terms confidentialinformation, know-how, and industrial secret are used as synonyms, not all confidentialinformation can be considered to be an industrial secret, and not all know-how can beconsidered confidential information or an industrial secret.Technical knowledge (know-how) 22 is either the knowledge necessary for the reproductionof a product or of a process in the same conditions in which it was generated,or else that information that is sufficient and even necessary for the provision of a serviceor for the development of a business. Such technical knowledge can be consideredconfidential information in the same way as other company information that is not technical,but for it to be considered an industrial secret it must, as already mentioned, havean industrial or commercial application and represent the obtaining or maintaining ofcompetitive or economic advantages over others. There are different degrees of protection,with the highest degree being that of the industrial secret, and therefore it is veryimportant to determine if certain information is simply confidential or can be consideredan industrial secret.With respect to the information that actually constitutes an industrial secret, it is importantto look for and implement measures to preserve its confidentiality, since the meredeclaration by whoever is the title holder that it is an industrial secret is not sufficient.Rather, it is necessary for there to be several measures considered appropriate for maintainingit as such. The importance of these measures lies in the fact that in the majorityof cases giving them the treatment they merit is the only form of protecting them.It is important to emphasize that there is no registration with respect to an industrialsecret since that would result in its exposure; its legal protection arises from adoptingthe measures that are considered appropriate and sufficient in order to maintain its confidentialnature. In this way, its holder(s) will have their interests protected in terms of theLPI through the restraint of its disclosure and the establishment of various types ofindemnities in the event a third party has illegally made use of 23 such industrial secrets.6. Domain NamesA domain name is the code or the electronic address that leads to a particular internetpage. Each domain name is assigned to an IP (Internet Protocol) numerical address by itshosting provider. Since people remember names better than numbers, the domain name__________22Know-how is knowledge that cannot yet be patented, that cannot be patented by legal prohibition, that ispatentable but not patented as part of a market strategy, and that does not meet the requirements to be consideredan invention.23It should not be forgotten that there is a right to benefit from the successful preservation of an industrialsecret, but there is no provision that prevents another from using it if such other party obtained it legally.This shows the importance of the measures implemented in this regard.