Law On Trade Secrets Protection Adopted
The new Law on Trade Secret Protection (Official Gazette of RS no 53/2021) entered into force on June 5, 2021, on which day the Law on Trade Secret Protection from 2011 (Official Gazette of RS no 72/2021) ceased to be valid.
The new Law on Trade Secret Protection clearly defines what information is a trade secret, as well as what are reasonable measures to preserve the confidentiality of that information.
Acquiring a trade secret is considered legal if the trade secret was acquired in one of the ways prescribed by law or to the extent required or permitted by special regulations. Acquiring a trade secret without the consent of the holder of the trade secret is considered illegal if it is done in any of the ways prescribed by law, as well as if the person at the time of acquiring, using or disclosing the trade secret knew or should have known that the trade secret was acquired directly or indirectly from another person who has illegally used or disclosed a trade secret.
An important novelty in relation to the previous Law on Trade Secret Protection refers to civil law protection and claims for violation of trade secrets. Claims may also be filed against an intermediary that provides services that a third party uses in actions that illegally acquire, use or disclose a trade secret, or whose undertaking poses an immediate threat to the illegal acquisition, use or disclosure of a trade secret. In addition to the holder of the trade secret, the licensee may also file a lawsuit, if he is authorized to do so on the basis of a contract or law.
A lawsuit for trade secret violation may be filed within one year from the day when the plaintiff learned of the violation and the person suspected of violating trade secret, and no later than five years from the date of the violation or from the day of the last violation if the injury is done continuously.
The holder of a trade secret may, against a person who has violated a trade secret, and who knew or should have known to participate in the illegal acquisition, use or disclosure of a trade secret, claim damages in accordance with the general rules on damages and in accordance with this Law. When determining the amount of compensation, the court takes into account all the circumstances of the case, including ordinary damage, lost benefit and benefit gained by violating a trade secret by a person who violated a trade secret, and also the holder of a trade secret is entitled to non-pecuniary damage. In the event that the court cannot determine the amount of damages, it will take into account the amount of compensation that the person who violated the trade secret would pay for the lawful use of the trade secret.
When deciding on claims, the court takes care that the measures are in proportion with the nature and intensity of the violation, taking into account the special circumstances of the case prescribed by law, and may at the request of the person who violated trade secrets instead of measures imposed on claims, order the payment of monetary compensation to the injured party if the conditions prescribed by law are met.
The parties, their attorneys and other persons participating in court proceedings for illegal acquisition, use or disclosure of a trade secrets or who have access to documents that are an integral part of court proceedings may not use or disclose trade secrets or information that may constitute trade secrets, as well as they are obliged to keep trade secrets even after the end of the court proceedings until the obligation ceases in one of the ways prescribed by law.
The new law also envisages penal provisions by which a legal entity, if it illegally acquires, uses or discloses a trade secret, is fined in the range of 100.000,00 to 3.000.000,00 RSD, and the responsible person in the legal entity is fined in the range of 50.000,00 to 200.000,00 RSD. Fines for misdemeanours of entrepreneurs are prescribed in the range of 50.000,00 to 500.000,00 RSD, and a natural person for the same misdemeanour will be fined in the range of 20.000,00 to 150.000,00 RSD.
If you have any questions or need additional information, you can contact the email address office@ctlegal.rs.
