Trade Secrets Law in Kosovo
Here’s an overview of Trade Secrets Law in Kosovo:
🇽🇰 Trade Secrets Law in Kosovo
1. Legal Framework
Kosovo has specific legislation addressing trade secrets through the Law No. 05/L-087 on Industrial Property (2012, amended), which includes provisions related to protection of trade secrets.
Additionally, Kosovo implements the Law No. 04/L-093 on Protection of Confidential Business Information (Trade Secrets) (2013), which specifically governs trade secrets.
Kosovo is a potential candidate for EU accession and aligns its laws closely with EU standards, including the EU Directive (EU) 2016/943 on Trade Secrets.
Kosovo is also a member of the World Trade Organization (WTO), thus bound by the TRIPS Agreement.
2. Definition of Trade Secrets
Under Law No. 04/L-093, a trade secret is defined as:
Information that:
Is secret in the sense that it is not, as a body or in the precise configuration and assembly of its components, 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 person lawfully in control of the information to keep it secret.
Examples include formulas, practices, designs, instruments, patterns, or compilations of information.
3. Protection and Scope
Protection covers all types of business or technical information that meet the definition above.
Misappropriation or unauthorized acquisition, use, or disclosure of trade secrets is prohibited.
Protection applies to:
Current and former employees,
Business partners,
Third parties who unlawfully obtained the trade secrets.
4. Enforcement and Remedies
Remedies available include:
Injunctions to prevent use or disclosure,
Damages for losses caused,
Destruction or recall of products or materials containing the trade secret,
Corrective measures to prevent ongoing infringement.
Courts have the authority to impose penalties and order compensation.
5. Relevant Laws and International Treaties
| Law / Agreement | Role |
|---|---|
| Law No. 04/L-093 on Trade Secrets | Primary law specifically protecting trade secrets |
| Law No. 05/L-087 on Industrial Property | Covers industrial property including some trade secret aspects |
| WTO/TRIPS Agreement | Provides international standards for trade secret protection |
| EU Directive 2016/943 | Influences Kosovo’s trade secret laws |
6. Summary Table
| Aspect | Details |
|---|---|
| Specific Trade Secrets Law | Yes; Law No. 04/L-093 on Protection of Trade Secrets |
| Definition | Secret, commercially valuable info subject to reasonable secrecy measures |
| Protection basis | Prohibits unlawful acquisition, use, or disclosure |
| Enforcement | Injunctions, damages, corrective measures |
| International obligations | WTO/TRIPS, EU Directive 2016/943 |
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