Trade Secrets Law in Lithuania
In Lithuania, the protection of trade secrets is governed by the Law on the Protection of Trade Secrets (Lithuanian: Įstatymas dėl komercinių paslapčių apsaugos), enacted on January 1, 2019. This law aligns with the European Union's Directive (EU) 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use, and disclosure.
📜 Legal Framework
The Lithuanian Law on the Protection of Trade Secrets provides a comprehensive legal framework for safeguarding trade secrets. Key provisions include:
Definition of Trade Secrets: A trade secret is information that:
Is not generally known or readily accessible to persons within the circles that normally deal with such information;
Has commercial value because it is secret; and(WIPO)
Has been subject to reasonable steps by its lawful holder to keep it secret.
Protection Measures: The law outlines the necessary measures that trade secret holders must take to protect their confidential information, including physical, technical, and organizational safeguards.
Legal Remedies: In cases of unlawful acquisition, use, or disclosure of trade secrets, the law provides for remedies such as:
Injunctions: To prevent further unauthorized use or disclosure.
Damages: Compensation for losses suffered due to the infringement.(WIPO)
Destruction or Delivery Up: Of infringing goods or documents.
⚖️ Enforcement and Legal Remedies
The Lithuanian legal system allows trade secret holders to seek enforcement through:
Civil Actions: Trade secret holders can initiate civil proceedings to obtain remedies such as injunctions and damages.
Criminal Sanctions: In cases where the unlawful acquisition, use, or disclosure of trade secrets constitutes a criminal offense, criminal sanctions may be imposed.
These provisions aim to provide robust protection for trade secret holders and deter potential infringers.
🛡️ Protection Measures
To safeguard trade secrets, businesses in Lithuania are advised to:
Implement Confidentiality Agreements: Use non-disclosure agreements (NDAs) with employees, contractors, and partners to legally bind them to confidentiality.
Restrict Access: Limit access to confidential information to individuals who need to know for their work.
Label Confidential Information: Clearly mark documents and materials containing trade secrets as "confidential."
Train Employees: Educate staff about the importance of maintaining confidentiality and the legal implications of breaches.
By taking these steps, companies can demonstrate that they have taken "reasonable measures" to protect their trade secrets, a key requirement under Lithuanian law.
🌍 International Alignment
Lithuania's trade secrets law aligns with international standards, including the World Trade Organization (WTO)'s Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which mandates the protection of trade secrets. Additionally, Lithuania's participation in various international treaties and agreements reinforces its commitment to safeguarding intellectual property rights.
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