Trade Secrets Law in Slovakia
In Slovakia, trade secrets are protected under the Slovak Commercial Code (Act No. 513/1991 Coll.), which was amended by Amendment No. 264/2017 Coll., effective from 1 January 2018, to implement the EU Trade Secrets Directive (Directive (EU) 2016/943).
🔐 Definition of a Trade Secret
Under Slovak law, a trade secret is defined as 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.
Has been subject to reasonable steps by the rightful holder to keep it secret.
These criteria align with the EU Trade Secrets Directive, ensuring harmonized protection across EU member states.
⚖️ Legal Protections and Remedies
The Slovak Commercial Code provides a range of civil remedies for the unlawful acquisition, use, or disclosure of trade secrets, including:
Injunctive Relief: Courts may issue orders to prevent further use or disclosure of the trade secret.
Corrective Measures: Such as the seizure or delivery up of infringing goods, including imported goods, to prevent their entry into or circulation on the market.
Recall of Infringing Goods: Removal of products made using the trade secret from the market.
Publication of Judicial Decisions: In certain cases, courts may order the publication of decisions to inform the public of the infringement.
Additionally, the law introduces specific terminology, including:
Trade Secret Owner: The individual or entity lawfully controlling the trade secret
Trade Secret Infringer: A person who unlawfully acquires, uses, or discloses a trade secret
Infringing Goods: Products whose design, characteristics, functioning, production process, or marketing significantly benefit from trade secrets unlawfully acquired, used, or disclosed.
🏛️ Enforcement Mechanisms
The Banská Bystrica District Court has exclusive jurisdiction over all intellectual property-related disputes in Slovakia, including trade secret cases. This specialization aims to ensure consistent and efficient adjudication of IP matters.
📌 Summary
Slovakia protects trade secrets through its Commercial Code, aligning with EU standards.(SSRN)
A trade secret must be secret, have commercial value, and be subject to reasonable protection measures.
Legal remedies include injunctions, corrective measures, and potential publication of court decisions.
The Banská Bystrica District Court handles trade secret disputes, providing specialized adjudication.
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