Trade Secrets Law in Czech Republic
Here’s an overview of Trade Secrets law in the Czech Republic:
🇨🇿 1. Legal Framework
Trade secrets in the Czech Republic are protected under Act No. 89/2012 Coll., the Civil Code, and Act No. 634/1992 Coll., on the Protection of Competition.
The Czech Republic implemented the EU Trade Secrets Directive (Directive (EU) 2016/943) through national legislation to harmonize trade secret protection across the EU.
The Industrial Property Office (Úřad průmyslového vlastnictví) is the authority handling intellectual property matters but trade secret protection is mostly through civil law.
2. Definition of Trade Secrets
A trade secret is defined as information that:
Is secret (not generally known or readily accessible),
Has commercial value because it is secret,
Has been subject to reasonable steps by the rightful holder to keep it confidential.
3. Protection Mechanisms
Protection of trade secrets is primarily through:
Confidentiality agreements (NDAs).
Legal action against unlawful acquisition, use, or disclosure of trade secrets.
The law covers trade secrets regardless of the form—written, electronic, oral, etc.
4. Enforcement and Remedies
Remedies include:
Injunctions to prevent further unlawful use or disclosure.
Damages for losses suffered due to misuse.
Destruction or recall of unlawfully obtained materials.
The Czech courts also impose measures to protect trade secrets during litigation (e.g., confidentiality orders).
5. International and EU Context
As an EU member, the Czech Republic complies with the EU Trade Secrets Directive, ensuring consistent trade secret protection.
It is also bound by TRIPS Agreement through its EU membership.
Summary Table
| Aspect | Czech Republic |
|---|---|
| Dedicated Trade Secrets Law | Civil Code and Protection of Competition Law (aligned with EU Directive) |
| Definition | Secret, commercial value, reasonable protection efforts |
| Protection Mechanisms | NDAs, civil actions against unlawful use or disclosure |
| Enforcement | Injunctions, damages, destruction of materials |
| International Obligations | EU Trade Secrets Directive, TRIPS Agreement |
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