Regimul juridic al unei garanţii constituite asupra unui secret comercial
The legal regime of a security interest created over a trade secret

Summary/Abstract: The present article examines the extent to which the establishment of a security right over a trade secret is possible under Romanian law. In order to reach a conclusion in this regard, the paper addresses a series of key issues, including the concept of a security right, the legal nature of the trade secret, the existence or absence of compatibility between the two, and the potential manner in which such a security right could operate, including with respect to its enforcement. At the same time, the analysis includes a comparison between the proposed subject matter and the regime of the movable mortgage over a patent, as well as the presentation of a functional alternative to the establishment of a security right. Particular emphasis is placed on the protection of trade secrets under Romanian law, a protection that is achieved primarily within the framework of the regulation of unfair competition. In addition, special attention is given to the potential effects of enforcement in kind of an obligation to disclose a trade secret. The drafting and publication of this paper, which is based on the author’s master’s dissertation, would not have been possible without the guidance and support of Professor Radu Rizoiu, to whom I express my sincere gratitude.

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