Trade Secrets Law in Bulgaria
Trade Secrets Law in Bulgaria
🇧🇬 Legal Framework
Bulgaria protects trade secrets primarily under the Law on Protection of Trade Secrets (Закон за защита на търговската тайна), which was adopted on June 8, 2018. This law implements the EU Trade Secrets Directive (Directive (EU) 2016/943) and harmonizes Bulgarian legislation with EU standards on trade secret protection.
🔐 Definition of Trade Secrets
Under Bulgarian law, a trade secret is any information that:
Is secret (not generally known or readily accessible to persons within the circles that normally deal with this kind of information);
Has commercial value because it is secret;
Has been subject to reasonable steps by the rightful holder to keep it secret.
This definition is consistent with the EU Trade Secrets Directive.
🛡️ Protection Scope
Trade secrets are protected against unlawful acquisition, use, and disclosure. Protection applies if the trade secret is acquired or used unlawfully through:
Theft, bribery, deception, or espionage;
Breach of confidentiality agreements or duties;
Other unlawful means.
⚖️ Remedies and Enforcement
If trade secrets are misappropriated, the rightful holder can seek:
Injunctions to prevent or stop the unauthorized use or disclosure;
Damages for the losses suffered;
Corrective measures such as seizure or destruction of infringing goods or documents;
Confidentiality measures during judicial proceedings to protect the secrecy of the information.
📜 Additional Relevant Laws
Bulgarian Commercial Act: May govern contractual confidentiality obligations.
Criminal Law: Misuse of trade secrets can also lead to criminal liability under Bulgarian penal provisions relating to industrial espionage and business secrecy breaches.
🌍 International Alignment
As an EU member state, Bulgaria's trade secret protection aligns with the EU Trade Secrets Directive, ensuring harmonized protection standards across EU countries.
Summary Table
| Aspect | Details |
|---|---|
| Legal Basis | Law on Protection of Trade Secrets (2018) |
| Definition | Secret information with commercial value, subject to protection |
| Protection Scope | Against unlawful acquisition, use, and disclosure |
| Remedies | Injunctions, damages, corrective measures, confidentiality during court |
| Additional Laws | Commercial Act, criminal provisions on industrial espionage |
| International Framework | EU Trade Secrets Directive compliance |
RELATED Blog
0 comments