Aspecte privind protecţia secretelor comerciale prin ordonanţa de urgenţă nr. 25/2019
Aspects regarding the protection of trade secrets by Emergency Ordinance no. 25/2019

Summary/Abstract: The study aims to discuss certain problematic issues concerning the legislative measures adopted with a view to transposing into the national law the provisions of Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed knowhow and business information (trade secrets) against their unlawful acquisition, use and disclosure (hereinafter referred to as “Directive 2016/943”), through the Emergency Ordinance no. 25/2019 on the protection of undisclosed know-how and business information constituting trade secrets against their unlawful acquisition, use and disclosure, as well as the amendment and supplementing of some regulations (hereinafter referred to as „G.E.O. no. 25/2019”). The first part of the study is critical towards the legislative solutions concerning the „ensuring of the confidentiality of the trade secrets during the judicial procedures” (art. 9 of G.E.O. no. 25/2019). The second part is consecrated to the regulation of „provisional and protective measures” that the court can order (art. 10 and art. 11 of G.E.O. no. 25/2019). In the third part of the study, we shall approach the procedure rules concerning the requirements for the application of the provisional, protective measures also on the merits of the case to ensure the protection of the trade secrets, which determine a lower degree of legal protection of the trade secrets compared to the degree of legal protection granted to industrial property rights.

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