– Law on Protection of Trade Secrets, published in the Official Gazette No. 53/2021, in force since June 5, 2021.

Membership in International Conventions

– Paris Convention for the Protection of Industrial Property, Stockholm Act, since April 27, 1992.

Protection

Definition: a trade secret is information which meets the following requirements: (1) it is secret due to it not being generally known or easily accessible to persons who usually come into contact with this type of information during their activities; (2) it has commercial value due to it being secret; (3) the person legally controlling the information has taken reasonable measures, under the circumstances, to keep it secret.

Criteria for enforcement: the measures for preserving the confidentiality of trade secrets include, inter alia, the drafting of an internal act on the handling of trade secrets, the rights and obligations of persons who handle trade secrets, along with the measures concerning physical or electronic protection of access to trade secrets, and the signing of non-disclosure agreements (NDA's).

Assignment - licensing: possible.

Remedies for misappropriation: (1) the termination of all acts that may lead to the illegal acquisition, utilization or disclosure of the trade secret and the prohibition of the illegal acquisition, utilization or disclosure of data which represent a trade secret; (2) prevention of entering the channels of commerce and/or seizure and withdrawal from the channels of commerce, alteration or destruction of all objects containing data which represent the trade secret, if such data can be seen or transferred directly or indirectly; (3) compensation for damages; (4) a fine.  Note: a lawsuit can be filed within one year from the date when the plaintiff discovered the violation, and no later than five years from the date when the violation was committed.