Trade Secrets
Legal Basis
– Decree-Law No. 110/2018 of December 10, 2018, effective from July 1, 2019, with amendments, suppressions and additions to the Industrial Property Code of 2008 (Decree-Law No. 143/2008 of July 25, 2008) regarding the enforcement of IP rights.
Note: the provisions of the Industrial Property Code in respect to trade secrets entered into force on January 1, 2019.
Membership in International Conventions
– Paris Convention for the Protection of Industrial Property, Stockholm Act.
– WTO's TRIPS Agreement, since July 1, 1995.
Protection
Definition: a trade secret is information that cumulatively meets all of the following requirements: (1) is secret in the sense that it is not generally known or readily accessible, as a body or in the precise configuration and assembly of its components, to persons within the circles that normally deal with the kind of information in question; (2) has commercial value because it is secret; (3) has been subject to reasonable steps to keep it secret under the circumstances, by the person lawfully in control of the information.
Assignment - licensing: possible.
Remedies for misappropriation: compensation for damages, a fine or imprisonment.