PROTECTION OF BUSINESS SECRETS AS A TYPE OF INTELLECTUAL PROPERTY

Abstract

Concept of trade secrets is defined and the characteristics and specifics of trade secrets protection are explained. Trade secrets are considered in the context of intellectual property, and are compared to other, formal intellectual property rights. Protection of trade secrets on the international level is presented and the provisions of Directive /EU) 2016/943 on the protection of undisclosed know-how and business
information (trade secrets) against their unlawful acquisition, use and disclosure are analysed as well as the reasons for its adoption. Importance of trade secrets protection for business, especially to foster innovation is highlighted. It is reviewed how the mentioned Directive was implemented in the Republic of Croatia and how the system of protection of trade secrets as a form of intellectual property was established by adopting the Act on the Protection of Undisclosed Information with Market Value. Finally, the application of the Directive on Enforcement of Intellectual Property Rights in cases of unlawful acquisition, use and disclosure of trade secrets is investigated. It is indicated that the significance of the EU Directive 2016/943 is primarily in the harmonization of the rules of civil procedure, while the jurisprudence will have an important role in the interpretation of the scope of protection of trade secrets and the application of foreseen exceptions.