Trade Secrets Law in Latvia
Latvia's approach to trade secrets protection is governed by the Trade Secret Protection Law (Komercnoslēpuma aizsardzības likums), which came into effect on April 1, 2019. This law was enacted to align with Directive (EU) 2016/943, aiming to harmonize the protection of undisclosed know-how and business information across EU member states.
🛡️ Definition of a Trade Secret
Under the Latvian Trade Secret Protection Law, a trade secret is defined as undisclosed information of an economic, technological, scientific, or other nature that meets all the following criteria:
Secrecy: It is not generally known among or readily accessible to persons who normally deal with such information.
Commercial Value: It has actual or potential commercial value because it is secret.
Reasonable Measures: The holder has taken reasonable steps to keep it secret, considering the circumstances.
This definition closely mirrors that of the EU Directive, emphasizing the need for secrecy, economic value, and protective measures.
⚖️ Protection and Enforcement
Civil Remedies: Holders of trade secrets can seek civil remedies for unlawful acquisition, use, or disclosure, including injunctions and compensation for damages.
Criminal Liability: The Criminal Law of Latvia provides for penalties, including fines and imprisonment, for offenses related to the unlawful acquisition, use, or disclosure of trade secrets.
Court Procedures: The Civil Procedure Law allows for the protection of trade secrets during legal proceedings, including the possibility of closed hearings to safeguard confidential information.
🧾 Dual Legal Framework
In Latvia, trade secrets are protected under two primary legal frameworks:
Trade Secret Protection Law: Provides a specific and comprehensive regime for the protection of trade secrets.
Commercial Law: Article 19 of the Commercial Law also addresses the protection of commercial secrets, offering an additional layer of protection for merchants
This dual framework ensures robust protection for trade secrets in various contexts.
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