ПРАВНОТО ПОНЯТИЕ ЗА ТЪРГОВСКА ТАЙНА В КОНТЕКСТА НА ДИРЕКТИВА (ЕС) 2016/943
THE LEGAL CONCEPT OF TRADE SECRET IN THE CONTEXT OF DIRECTIVE 2016/943 OF THE EUROPEAN PARLIAMENT AND OF COUNCIL

Summary/Abstract: The article concerns Directive (EU) 2016/943 of the European Parliament and of the Council on the Protection of undisclosed know how and business information (trade secrets) against their unlawful acquisition, use and disclosure. An attention is paid on the notion of business (trade) secret, its legal protection against unlawful acquisition, use and disclosure. Provisional and precautionary measures, injunctions and corrective measures have been regarded. The specific features of the tort liability for damages caused to the trade secret holder and the specific moments by the determination of the compensation of the damages take important place in the article. It is noted, that where pecuniary compensation is ordered instead of the measures referred above the amount of royalties or fees which would have been due had that person requested authorization to use the trade secret in question for the period of time which use of the trade secret could have been prohibited.

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