Legal protection of commercial secrets in the EU: new regulation - new challenges

Abstract

Trade secrets are one of the most commonly used forms of protection of intellectual creation and innovative know-how by businesses, yet at the same time they are the least protected by the existing Union legal framework against their unlawful acquisition, use or disclosure by other parties. Until June 1, 2018, the member states committed themselves to transposing the Directive (EU) 2016/943145 of the European Parliament and of the Council of 8 June 2016 into national law, which is providing for minimum standards for the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (further - Directive). This Directive has a considerable impact on the legal regulation of Member States in this area since the level of legal protection of undisclosed know-how and business information (trade secrets) is different in the Member States. It should be noted that the Directive must be applied in conjunction with the provisions of the Agreement on Trade Related Aspects of Intellectual Property Rights (further – TRIPS)146 Agreement, which provides the protection of trade secrets. The purpose of this research work is to assess the level of legal protection of undisclosed know-how and business information (trade secrets) both until the transposition of the directive into national law of the Member States and after this transposition.