Trade Secrets Law in Micronesia
Trade Secrets Law in Moldova
1. Legal Framework
Moldova protects trade secrets under Law No. 11 of 16 February 2018 on Trade Secrets (Legea nr. 11 din 16 februarie 2018 privind secretele comerciale).
The law aligns broadly with the EU Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets).
2. Definition of Trade Secret
According to Moldovan law, a trade secret is information that:
Is secret, i.e., not generally known or readily accessible.
Has commercial value because it is secret.
Is subject to reasonable steps by its lawful holder to keep it secret.
This can include formulas, practices, processes, designs, instruments, patterns, or compilations of information.
3. Scope of Protection
Protection covers any kind of information, regardless of its form (written, electronic, oral).
Protection applies against unauthorized acquisition, use, or disclosure of the trade secret.
4. Legal Requirements
To qualify as a trade secret, the holder must:
Prove that the information is secret.
Show it has commercial value.
Demonstrate reasonable efforts to maintain secrecy (such as confidentiality agreements, restricted access).
5. Misappropriation and Remedies
Unauthorized acquisition, use, or disclosure of a trade secret is prohibited.
Remedies include:
Injunctions to stop further misuse.
Compensation for damages.
Destruction or return of documents/materials containing the trade secret.
Other measures to restore the situation before the violation.
Criminal liability may apply in cases of intentional misappropriation causing significant harm.
6. Enforcement
Claims can be brought before civil courts.
The law allows courts to order precautionary measures during disputes, like seizures or inspections.
Protection also extends to employees and third parties who may have access to trade secrets.
Summary
Moldova’s trade secrets law offers comprehensive protection in line with EU standards, emphasizing confidentiality and reasonable measures by trade secret holders. Businesses are advised to:
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