Trade Secrets

– Law on Legal Protection of Trade Secrets of the Republic of Lithuania.
– Civil Code of the Republic of Lithuania.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act, since May 22, 1994.
– WTO’s TRIPS Agreement, since May 31, 2001.

Protection

Definition: according to Article 1.116 of the Civil Code of the Republic of Lithuania, commercial secret is information that meets all the following characteristics: (1) is secret as a whole, or its exact composition and configuration of components is generally unknown or not readily available in the environment in which such information is normally handled; (2) has real or potential commercial value because it is confidential; (3) the person in lawful possession of this information takes reasonable steps, taking into account the circumstances, to keep it confidential.

Assignment - licensing: possible.

Remedies for misappropriation: according to the Law on Legal Protection of Trade Secrets of the Republic of Lithuania, in case of illegal acquisition, use or disclosure of a commercial secret, the owner of the commercial secret has the right to apply to the court for the protection of rights in accordance with the procedure established by the Code of Civil Procedure and demand: (1) terminate or prohibit the use or disclosure of a commercial secret; (2) to prohibit the manufacture, offer, placing on the market or use of goods related to the violation of a commercial secret, or their import, export or storage for these purposes; (3) withdraw from the market goods related to the violation of commercial secrets; (4) remove the feature of the goods related to the violation of the commercial secret, due to which the commercial secret is violated; (5) destroy the goods related to the violation of a commercial secret or remove them from the market, if the removal does not violate the protection of the commercial secret; (6) destroy all or part of the documents, objects, materials or electronic files that contain or are themselves a trade secret, or provide all or part of these documents, objects, materials or electronic files to the holder of the trade secret; (7) compensate material and non-material damage. Further, the owner of the commercial secret has the right also to apply for the interim measures.