| Abstract [eng] |
There is a consensus in a legal and economic literature that trade secrets play an important role in the digital economy and an adequate legal protection should be provided to them. European Union and its Member States are also obliged to protect trade secrets under Article 39 of TRIPS Agreement. However, the TRIPS Agreement sets only minimum standards and it results in a fragmented and diverse legal protection of trade secrets within the Internal Market. Because of this, an initiative to harmonize trade secrets protection throughout the European Union was raised and Trade Secrets Directive was adopted in 2016. Exclusive intellectual property rights are not conferred to trade secrets holders under this directive and trade secrets protection is construed as a special case of protection against unfair competition. Trade secrets directive does not aim at full harmonization, but provides more legal certainty in this field of intellectual property law. Firstly, the uniform definition of trade secret is introduced, according to which the object of trade secrets protection is very broad (despite the fact that not any information could be protected as a trade secret). Secondly, non-exclusive lists of lawful and unlawful means of acquisition, use and disclosure of trade secrets are provided. Thirdly, the directive explicitly addresses reverse engineering as a legitimate mean to discover information. It is important, because reverse engineering sustains balance within the system of intellectual property law. Therefore, reverse engineering should not be unduly restricted by contracts. Fourthly, flexible, open-ended provisions defining the scope and limitations of trade secrets protection allow reconciling the interests of trade secrets holders and various other rights and interests in our society. |
