Trade Secrets Law in Hungary
Here’s an overview of Trade Secrets law in Hungary:
🇭🇺 Trade Secrets Law in Hungary
1. Legal Framework
Hungary protects trade secrets primarily under the following laws:
Act XLVIII of 2008 on the Protection of Trade Secrets (Trade Secrets Act) — the main dedicated statute.
Act V of 2013 — Civil Code — includes general rules on contracts and unfair competition.
Criminal Code — includes provisions related to trade secret theft or unauthorized disclosure.
Hungary is an EU member and complies with the EU Trade Secrets Directive (2016/943/EU), implemented into national law.
2. Definition of Trade Secrets
Trade secrets are defined as:
Information that is secret (not generally known or readily accessible).
Has commercial value because it is secret.
Subject to reasonable confidentiality measures by the holder.
3. Protection Mechanisms
Protection covers:
Unauthorized acquisition, use, or disclosure of trade secrets.
Measures include confidentiality agreements, employee obligations, and security policies.
The law provides for:
Civil remedies including injunctions, damages, and recall/destruction of infringing goods.
Criminal sanctions for serious offenses involving trade secrets.
4. Enforcement
Trade secret holders can seek:
Court injunctions to prevent or stop infringements.
Monetary damages, including compensation for lost profits.
Criminal prosecution for theft or illegal disclosure.
Hungarian courts apply EU standards for trade secret protection.
5. International Treaties
Hungary is a member of:
The European Union (EU).
The World Trade Organization (WTO) and complies with the TRIPS Agreement.
The Paris Convention and other WIPO treaties.
Summary Table
| Aspect | Details |
|---|---|
| Governing Law | Act XLVIII of 2008 on Trade Secrets, Civil Code, Criminal Code |
| Definition | Secret info with commercial value, kept confidential |
| Protection Mechanism | NDAs, confidentiality policies, civil and criminal remedies |
| Enforcement | Injunctions, damages, criminal prosecution |
| International Treaties | EU Trade Secrets Directive, WTO/TRIPS, Paris Convention |
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