Trade secrets: Definition and basics of protection

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 se...

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Bibliographic Details
Main Author: Jovičić Katarina
Format: Article
Language:English
Published: Institute of Comparative Law, Belgrade 2018-01-01
Series:Strani pravni život
Subjects:
Online Access:https://scindeks-clanci.ceon.rs/data/pdf/0039-2138/2018/0039-21381801007J.pdf
Description
Summary: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.
ISSN:0039-2138
2620-1127