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Special law will protect the trade secret

The provisions of Directive (EC) 2016/943 on the protection of undisclosed know-how and commercial information (trade secret) will be implemented by the new Protection of the Trade Secrets Act (“PTSA”). The aim is to provide legal protection for intellectual products, commercial and scientific information and the innovative know-how.

Trade secret is any commercial information, know-how and technological information, which should meet simultaneously three conditions:

The PTSA distinguishes the cases where the acquisition of trade secret is legal, respectively – illegal and establishes a system of remedies against unauthorized acquisition, use and dissemination of such secrecy. Every possessor or person who is exercising control of trade secret has the possibility to submit a claim under the Civil Procedure Act. Further to establishing the claim, the claimant may request:

The right to submit a claim is extinguished by the expiration of 5 years as of commission of the violation. Rules are provided for limiting the accessibility of the case – at the request of “the parties and any other interested party, including witnesses”, the court may impose special measures listed in the PTSA in order to protect the confidentiality of the trade secret.

Specific rules are provided for the calculation of damages resulting from a breach of trade secret. Courts shall consider not only the direct damages and loss of profit, but also elements such as the profits made by the offender as well as the non-material damage caused to the possessor of the trade secret.