Trade Secrets Law in North Macedonia
Trade Secrets Law in North Macedonia
1. Legal Framework
Trade secrets in North Macedonia are primarily regulated under the Law on Protection of Trade Secrets (Official Gazette No. 13/2019).
This law implements the EU Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use, and disclosure.
2. Definition of Trade Secret
Under the law, a trade secret is information that:
Is secret, meaning it is not generally known or easily accessible to persons normally dealing with this kind of information.
Has commercial value because it is secret.
Has been subject to reasonable steps by the rightful holder to keep it secret.
Examples include formulas, technical know-how, business strategies, customer lists, manufacturing processes, etc.
3. Scope of Protection
Protection covers any type of information, whether technical, commercial, or financial.
Applies regardless of the form (written, electronic, verbal).
Protects against unauthorized acquisition, use, or disclosure of the trade secret.
4. Acquisition, Use, and Disclosure
The law prohibits:
Acquisition of trade secrets by improper means (theft, bribery, deception, breach of confidentiality).
Use or disclosure of trade secrets without the consent of the holder, unless acquired legitimately.
5. Reasonable Steps
To qualify for protection, holders of trade secrets must take reasonable steps to maintain secrecy, such as:
Implementing confidentiality agreements.
Restricting access to information.
Using technical security measures.
6. Enforcement and Remedies
Violations of trade secrets can be addressed through civil lawsuits.
Courts can impose:
Injunctions to prevent further misuse.
Monetary damages for losses caused.
Measures to eliminate effects of violations (e.g., destruction of unlawfully obtained documents).
The law also provides for criminal penalties in cases of intentional misappropriation causing significant harm.
7. Relation to Employment
The law addresses trade secrets in employment relationships, restricting employees from disclosing or using trade secrets after termination.
Non-disclosure agreements and confidentiality clauses are enforceable.
Summary
North Macedonia’s trade secrets law offers strong protection consistent with EU standards, emphasizing the importance of secrecy, commercial value, and reasonable protective measures.
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