Trade Secrets Law in Serbia
In Serbia, trade secrets are protected under the Law on the Protection of Trade Secrets (Official Gazette of RS, No. 53/2021), which came into effect on June 5, 2021. This legislation aligns Serbia's legal framework with the European Union's Directive (EU) 2016/943, ensuring harmonized protection of undisclosed know-how and business information across EU member states.
🔐 Definition of a Trade Secret
A trade secret in Serbia is defined as information that:
Is not generally known or readily accessible to individuals who normally deal with such information;
Has commercial value due to its secrecy; and
Has been subject to reasonable steps by its lawful holder to keep it confidential.
Examples include financial data, technical processes, business strategies, research findings, and prototypes.
🛡️ Legal Protections and Enforcement
Legal Acquisition and Use:
Acquiring or using a trade secret is lawful if done through independent discovery, reverse engineering, or other means consistent with fair commercial practices.
Unlawful Acts:
The law prohibits the unauthorized acquisition, use, or disclosure of trade secrets, especially when:
Obtained through theft, bribery, deception, or breach of confidentiality agreements;
Disclosed by individuals who knew or should have known that the information was a trade secret;
Used in the production or sale of goods, knowing that the trade secret was unlawfully acquired.
Remedies:
Trade secret holders can seek:
Injunctions to prevent further misuse;
Seizure or destruction of infringing goods;
Compensation for damages;
Publication of court decisions at the infringer's expense.
Courts may also order the disclosure of information about third parties involved in the infringement.
📝 Practical Considerations for Businesses
To ensure protection under the law, businesses should:
Implement Confidentiality Measures: Label sensitive documents as "confidential," restrict access to trade secret information, and establish internal policies for handling such data.
Use Non-Disclosure Agreements (NDAs): Enter into NDAs with employees, contractors, and business partners who may access trade secrets.
Maintain Records: Document all measures taken to protect trade secrets, as this can be crucial in legal proceedings.
By proactively safeguarding confidential information, businesses can better enforce their rights under Serbian law.
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