Trade Secrets Law in Portugal
Portugal's legal framework for trade secrets is primarily governed by the Industrial Property Code (Código da Propriedade Industrial - CPI), established under Decree-Law No. 110/2018 and effective from January 1, 2019. This legislation transposes EU Directive 2016/943, standardizing the protection of trade secrets across EU member states.
🔐 Definition and Scope
In Portugal, a trade secret is defined as any information that:
Is secret, meaning not generally known or readily accessible to persons within the circles that normally deal with the kind of information in question.
Has commercial value because it is secret
Has been subject to reasonable steps by the holder to keep it secret.
This definition aligns with the EU Directive and ensures that trade secrets are protected against unlawful acquisition, use, or disclosure.
⚖️ Legal Protections
The CPI prohibits the unlawful acquisition, use, or disclosure of trade secrets. Specific actions considered unlawful include:
Acquiring a trade secret without the consent of the trade secret holder.
Using or disclosing a trade secret without consent, especially when acquired unlawfully or in breach of a confidentiality agreement
Producing, offering, or placing on the market goods that infringe upon a trade secret.
These provisions are designed to protect businesses from unfair competition and safeguard their confidential information.
🛡️ Enforcement and Remedies
Trade secret holders in Portugal have access to various legal remedies in case of infringement:
Provisional Measures: Courts can order interim measures to prevent further harm, such as injunctions or the seizure of infringing goods.
Final Remedies: These may include the cessation of the unlawful act, destruction or recall of infringing goods, and compensation for damages.
Additionally, the CPI allows for the preservation of evidence, enabling trade secret holders to gather and secure evidence of infringement before initiating legal proceedings.
📝 Practical Considerations
To effectively protect trade secrets, businesses in Portugal should:
Implement Confidentiality Agreements: Use non-disclosure agreements (NDAs) with employees, contractors, and business partners to legally bind them to confidentiality.
Adopt Security Measures: Employ physical and digital security measures, such as access controls and encryption, to safeguard sensitive information.
Educate Personnel: Train employees on the importance of protecting trade secrets and the company's policies regarding confidential information.
By taking these steps, businesses can enhance their protection against the unauthorized use or disclosure of their trade secrets.
🌐 International Context
Portugal's adherence to EU Directive 2016/943 ensures that its trade secret laws are harmonized with those of other EU member states, providing a consistent legal framework across the European Union. This alignment facilitates cross-border business operations and strengthens the protection of trade secrets within the EU.
For a comprehensive understanding of trade secret protection in Portugal, you may refer to the full text of the Industrial Property Code (available in Portuguese) or consult with legal professionals specializing in intellectual property law.
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