Trade Secrets Law in Croatia
Here is an overview of Trade Secrets Law in Croatia:
ðŸ‡ðŸ‡· Trade Secrets Law in Croatia
1. Legal Framework
Croatia has a clear and modern legal framework for the protection of trade secrets. Key legislation includes:
Act on the Protection of Undisclosed Information with Market Value (2018) – This is Croatia’s primary law implementing the EU Trade Secrets Directive (EU) 2016/943.
Civil Obligations Act – Covers contractual confidentiality obligations.
Criminal Code of Croatia – Criminalizes unauthorized disclosure or misuse of trade secrets.
Labour Act – Regulates employees’ duties of confidentiality.
2. Definition of Trade Secrets
Under Croatian law, a trade secret is defined as:
Information that is secret (not generally known or easily accessible),
Has commercial value because it is secret,
Has been subject to reasonable steps to keep it secret.
This aligns with the definition from the EU Directive.
3. Protection Mechanisms
Civil Remedies:
Injunctions (preventive and corrective measures),
Destruction or return of infringing goods,
Compensation for damages,
Publication of judicial decisions.
Contractual Protection:
Non-disclosure agreements (NDAs),
Confidentiality clauses in employment, licensing, and service contracts.
Criminal Law:
Misuse or unauthorized disclosure of trade secrets can be criminally prosecuted under the Criminal Code.
4. Enforcement and Jurisdiction
Claims involving trade secrets are handled by commercial courts or civil courts in Croatia.
Trade secret holders can take interim measures such as ex parte injunctions if there is an imminent risk of disclosure.
Croatian courts are empowered to protect the confidentiality of trade secrets during litigation.
5. International Framework
Croatia is a member of the European Union and implements the EU Trade Secrets Directive (2016/943).
It is also a member of the World Trade Organization (WTO) and complies with the TRIPS Agreement.
Cross-border protection of trade secrets is ensured under EU and international treaties.
6. Practical Recommendations for Businesses
To secure protection, Croatian and foreign businesses should:
Clearly label and control access to confidential information.
Use NDAs and confidentiality clauses in all relevant contracts.
Implement internal policies and employee training.
Take legal action promptly if misappropriation is suspected.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Act on Protection of Undisclosed Information with Market Value (2018) |
| Definition | Secret, commercially valuable info with protection measures |
| Enforcement | Civil (injunctions, damages), criminal sanctions, contract enforcement |
| Courts | Civil and commercial courts |
| International Compliance | EU Directive 2016/943, TRIPS Agreement |
| Practical Measures | NDAs, labeling secrets, access control, internal policies |
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