Trade Secrets Law in Slovenia
In Slovenia, the protection of trade secrets is governed by the Trade Secrets Act (Zakon o poslovni skrivnosti), which came into force on April 20, 2019. This legislation transposes EU Directive 2016/943 into Slovenian law, providing a unified and comprehensive framework for safeguarding undisclosed know-how and business information.
🔐 Definition of a Trade Secret
Under the Trade Secrets Act, a trade secret is defined as undisclosed know-how and business information that:
Is secret, meaning it 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 trade secret holder to keep it secret.
These criteria align with the EU Directive's definition, ensuring consistency across member states.
⚖️ Legal Protections and Remedies
The Act provides several legal avenues for the protection of trade secrets:
Lawful Acquisition, Use, and Disclosure: The acquisition of a trade secret is considered lawful if obtained through independent discovery or creation, observation, study, disassembly, or testing of a product made available to the public, or any other conduct in conformity with honest commercial practices.
Unlawful Acquisition, Use, or Disclosure: The acquisition, use, or disclosure of a trade secret is unlawful if carried out without the consent of the trade secret holder and includes unauthorized access to, appropriation of, or copying of documents, objects, materials, substances, or electronic files containing the trade secret.
Judicial Protection: Trade secret holders can seek judicial protection through civil proceedings, including interim injunctions, to prevent or cease the unlawful acquisition, use, or disclosure of their trade secrets.
Damages: The Act allows for compensation for damages caused by the unlawful acquisition, use, or disclosure of a trade secret.
These provisions ensure that trade secret holders have effective legal remedies available to protect their interests.
🛡️ Enforcement and Confidentiality in Legal Proceedings
The Trade Secrets Act includes provisions to maintain the confidentiality of trade secrets during legal proceedings:
Preservation of Confidentiality: Courts are required to take appropriate measures to preserve the confidentiality of trade secrets during legal proceedings, including limiting access to documents and hearings that contain trade secrets.
Protection of Trade Secrets in Court: Parties involved in legal proceedings are obligated to protect trade secrets disclosed during the course of the proceedings and are prohibited from using or disclosing them for purposes other than the legal proceedings.
These measures help ensure that trade secrets are not inadvertently disclosed during legal processes.
🔄 Relationship with Employment Law
The Employment Relationships Act in Slovenia stipulates that employees must not exploit or disclose trade secrets entrusted to them by their employer. Employers are encouraged to clearly define and communicate what constitutes a trade secret within their organization to ensure that employees understand their obligations regarding confidentiality.
✅ Summary
Unified Legal Framework: The Trade Secrets Act provides a single, comprehensive legal framework for the protection of trade secrets in Slovenia.
Alignment with EU Standards: The Act aligns with EU Directive 2016/943, ensuring consistency with other EU member states.
Effective Legal Remedies: Trade secret holders have access to judicial protection and can seek compensation for damages resulting from unlawful acquisition, use, or disclosure.
Confidentiality in Legal Proceedings: Measures are in place to preserve the confidentiality of trade secrets during legal proceedings.
Employment Obligations: Employees are legally bound to protect trade secrets entrusted to them by their employer.
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