Obchodní tajemství v novém občanském zákoníku
Trade Secret Protection in the New Civil Code of the Czech Republic

Summary/Abstract: This article analyses the notion of the trade secret and compares related provisions of the abolished Commercial Code and the New Civil Code [NCC]. The author interprets the key features of the trade secret protection in the light of the TRIPS agreement and defines the following characteristics of the trade secret: competitive significance, objective perceptibility, ability to the commercial valuation, unavailability in relevant trade circles, association with an undertaking, keeping of the secrecy. According to the author, since the effective date of the New Civil Code the trade secret is considered to be an intangible thing [Art. 496 (2) NCC]. However this does not mean that the trade secret is protected by the classic property protection [Art. 1011 NCC] because the property protection traditionally covers only the tangible assets. The author concludes that similarly to the interpretation of the Art. 354 ABGB the rei vindication [Art. 1040 NCC], and negatorial claim [Art. 1041 NCC] might be applied only in relation to the corporeal objects. For this reason the trade secret in the New Civil Code is protected only by the unfair competition claim [Art. 2985 NCC] but the general property protection is not applicable to this institute.

• Details
• Contents