Trade Secrets: Definition and Basics of Protection Cover Image

Poslovne tajne: određenje i osnovi zaštite
Trade Secrets: Definition and Basics of Protection

Author(s): Katarina Jovičić
Subject(s): Civil Law
Published by: Institut za uporedno pravo
Keywords: information; trade secret; safekeeping of trade secret; Directive on trade secret; trade secret protection system

Summary/Abstract: Trade secrets have an increasing importance today and courts are more and more facing with claims for their protection. In those proceedings it is necessary to determinate whether the information for which protection is required is appropriate to be qualified as trade secret and whether the trade secret owner made reasonable efforts to ensure their secrecy. The first section of this article analyses those questions and pays special attention to the criteria for estimate of taken protection measures. The next section presents the system of legal protection of trade secret in EU law, which is regulated by the relevant Directive and which is binding on all Member States and on candidate countries to join the EU. In the conclusion recommendations are given on how to determine the boundary between trade secrets and knowledge and skills of employees.

  • Issue Year: 2018
  • Issue No: 1
  • Page Range: 7-19
  • Page Count: 13
  • Language: Serbian
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